212 W. Va. 86 - Repass v. Workers' Compensation Division’s Empirical Analysis
2002
Citation profile
2 federal appellate · 20 state decisions
Relationships
Relies on City of New Orleans v. Dukes · 159 W. Va. 108 - Smith v. State Workmen's Compensation Commissioner · 195 W. Va. 573 - Appalachian Power Co. v. State Tax Department · 153 W. Va. 636 - State Ex Rel. West Virginia Housing Development Fund v. Copenhaver · 196 W. Va. 326 - West Virginia Health Care Cost Review Authority v. Boone Memorial Hospital
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[b]ecause the Diagnosis-Related Estimate Model for the examination of spine injury claims, as set forth in The American Medical Association's, Guides to the Evaluation of Permanent Impairment, Fourth Edition (1993), cannot be reconciled with several specific workers compensation statutes promulgated by the West Virginia Legislature, any medical examination conducted in accordance with that model is invalid and unreliable.”
2 later decisions quote this exact passage · from the concurrence“The ultimate responsibility for the fiscal health of the West Virginia Workers’ Compensation system rests with the Legislature. Balancing the conflicting goals of minimizing premiums while providing full and fair compensation to injured workers is the exclusive province of our publicly elected legislators, and is not to be invaded by the Commissioner, or the Courts.”
2 later decisions quote this exact passage“[a] rule promulgated by the Workers' Compensation Division that mandates the use of a nonlegislatively created guide for the examination of certain injuries is valid only to the extent that the mandated guide does not conflict with the specific dictates of the Legislature as expressed by statute. Those aspects of the mandated guide that are in conflict are invalid.”
2 later decisions quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.