Lumbra v. United States’s Empirical Analysis

Citation profile

632 federal appellate · 21 district · 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 767 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Total disability’ does not mean helplessness or complete disability, but it includes more than that which is partial. ‘Permanent disability’ means that which is continuing as opposed to what is temporary. Separate and distinct periods of temporary disability do not constitute that which is permanent. The mere fact that one has done some work after the lapse of his policy is not of itself sufficient to defeat his claim of total permanent disability. He may have worked when really unable and at the risk of endangering his health or life. But manifestly work performed may be such as conclusively to negative total permanent disability at the earlier time.””

   9 later decisions quote this exact passage · from the majority
   e.g. Carey v. United States · United States v. Doublehead

2. ““The phrase 'total permanent disability’ is to be construed reasonably and having regard to the circumstances of each ease. As the insurance authorized does not extend to total temporary or partial permanent disability, the tests appropriate for the determination of either need not be ascertained. The various meanings inhering in the phrase make impossible the ascertainment of any fixed rules of formulas uniformly to govern its construction. * * * It cannot be said that injury or disease sufficient merely to prevent one from again doing some work of the kind he had been accustomed to perform constitutes the disability meant by the act, for such impairment may not lessen or affect Ms ability to follow other useful, and perchance more lucrative, occupations. * * * ””

   6 later decisions quote this exact passage · from the majority
   e.g. United States v. Parnell · United States v. Suomy

3. ““Any impairment of mind or body which renders it impossible for the disabled person to follow continuously any substantially gainful occupation shall be deemed ... to be total disability. “Total disability shall be deemed to be permanent whenever it is founded upon conditions which render, it reasonably certain that it will continue throughout the life of the person suffering from it.””

   6 later decisions quote this exact passage · from the majority
   e.g. Galloway v. United States · Tracy v. United States