Public-domain · open source
OpenJurist
← 263 SE2D 883 - Baker v. STATE WORKMEN'S COMPENSATION COM'R

Baker v. STATE WORKMEN'S COMPENSATION COM'R’s Empirical Analysis

1980

Citation profile

2
cited by 2 later decisions
1
states following
November 1996
most recently cited

2 state decisions

Relationships

Relies on 149 W. Va. 28 - Craft v. State Compensation Director

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

  1. “The only order entered in this case, pertinent to this appeal, was that of the commissioner declaring the claim compensable. After litigation of this issue upon the employer’s protest, the November 2, 1977 order was entered and became subject to modification and change. This however, did not occur since no appeal was prosecuted therefrom by either party. The order of compensability became final and the claimant was then entitled to a valuation of his disability, if any.... ... [U]pon the consideration of our statutes, particularly W.VA. CODE, 1931, 23-4-1, 6 and 8, all as amended, it is reasonable to conclude that after compensability has been determined, the commissioner must take the initiative in further processing the claim. The next step is to evaluate the disability and inform the claimant of his award, if any. In the instant case the claim was determined to be compensable on a no-loss time basis. In this circumstance the disability, if any, could be evaluated at any time. This claimant, as noted above, is entitled to have his disability evaluated.”
    1 later decision quote this exact passage
  2. “‘The time limitations contained in Code, 23-4-16, as amended, are applicable only to the reopening of a claim for workmen’s compensation benefits previously closed by a final order of the director.’ Point 1, Syllabus, Craft v. State Compensation Director, and Amherst Coal Company, 149 W.Va. 28 , 138 S.E.2d 422 (1964).”
    1 later decision quote this exact passage

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.