Higley v. Schlessman’s Empirical Analysis
1956
Citation profile
16 state decisions
How this case has been cited
Cited by 17 later decisions — most recently September 2006
16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 38 U.S.C. § 706
Relies on Conrad v. State Industrial Commission · Wilson Drilling Co. v. Beyer · 22 Cal. App. 2d 543 - Reichle v. Hazie · Wm. A. Smith Const. Co. v. Price · Standard Paving Co. v. Lemmon
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The employer shall promptly provide for an injured employee such medical, surgical or other attendance or treatment, nurse and hospital service, medicine, crutches, and apparatus as may -be necessary during sixty days , after- the injury or for such time in ■ excess thereof as in the judgment of the Commission may be required. If the employer fails or neglects to provide the same within a reasonable time after knowledge of the injury, the injured employee, during the period of such neglect or failure, may do so at the expense of the employer; *”
2 later decisions quote this exact passage““Under 85 O.S.1951 § 14, if the employer fails or neglects to provide promptly for an injured employee medical, surgical or other attendance or treatment, nurse and hospital service within a reasonable time after knowledge of the injury, the injured employee during the period of such neglect or failure may do so at the expense of the employer.” The court in that case further said: “The evidence shows that claimant’s employer knew that he had been injured while in their employ at Carnegie, Oklahoma, and had sent him to the hospital for treatment. They also knew that after claimant left the hospital he was in need of further medical treatment. It was therefore not necessary that claimant make specific request or demand upon his employer or its insurance carrier in order to charge them with such treatment, but under the provisions of 85 O.S.1951 § 14, it was their duty to furnish him such treatment without request or demand. * * * ””
1 later decision quote this exact passagee.g. McAlester v. Tooman“[Section] 84 speaks of “both parties to said petition” and provides that “the Commission may make an award [on a joint petition] that shall be final as to the rights of all parties to said petition * * The respondent herein was not one of the parties to this petition and did not join therein. In our view, petitioners should not be heard to say that claimant is barred by an award in an action in which she did not participate and of which she had no formal notice, from now asserting her separate and distinct claim for death benefits.”
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.