Espinosa v. Tradesource, Inc.’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As a preliminary point, we note that the parties' arguments assume rules that are rigid and broadly applicable in the cases discussed above. A reading of section 97-25 makes it clear, however, that an award of "other treatment" is in the discretion of the Commission. ... Section 97-2(19), as written at the time of [the] Plaintiff's injury, further explained that the type of medical compensation the employer must pay is " in the judgment of the Commission [.]" ... The Supreme Court's decision in Derebery and our own decision in Timmons represent the outer limits of the Commission's authority under those statutes, not entirely new rules to be followed in place of or in addition to the statutes created by our legislature. In this case, the Commission determined that [the] Defendants should pay the pro rata difference between the rent required for [the] Plaintiff's new, handicapped-accessible home and the rent [the] Plaintiff had to pay as an ordinary expense of life before his injury. The Commission sensibly reasoned that living arrangements constitute an ordinary expense of life and, thus, should be paid by the employee. The Commission also recognized, however, that a change in such an expense, which is necessitated by a compensable injury, should be compensated for by the employer. Because [the] Plaintiff did not own his own home in this case, he was required to find new rental accommodations that would meet his needs. In this factual circumstance, it was appropriate for the C”

   2 later decisions quote this exact passage · from the majority
   e.g. 256 N.C. App. 635 - Hall v. U.S. Xpress, Inc. · Tinajero v. Balfour Beatty Infrastructure, Inc.