21 Ariz. App. 367 - Yanez v. Industrial Commission’s Empirical Analysis

Citation profile

20 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. Conclusive presumption. If the previous disability resulted from a scheduled industrial injury, it would be conclusively presumed that the previous disability had a continuing and permanent effect on the claimant’s earning capacity. Therefore any subsequent scheduled industrial injury would, by reason of A.R.S. § 23-1044 E, automatically be treated as unscheduled. 2. Rebuttable presumption. If the previous disability resulted from a nonindustrial injury which would have been scheduled had it been industrially related, then there would be a rebuttable presumption that the prior injury had an effect on the earning capacity of the workman at the time of the second injury. This rebuttable presumption could be overcome by evidence showing that in fact the previous disability had not decreased claimant’s earning capacity at the time of the subsequent injury.”

   1 later decision quote this exact passage
   e.g. Alsbrooks v. Industrial Commission

2. ““The abdominal wound suffered by the claimant would not have been scheduled under A.R.S. § 23-1044(B) so no presumption of impaired earning capacity arises in favor of the claimant. * * * ” Yanez v. Industrial Commission, 21 Ariz.App. 367, 370 , 519 P.2d 220, 223 (1974), petition for review denied.”

   1 later decision quote this exact passage
   e.g. Borsh v. Industrial Commission of Arizona