310 So. 2d 604 - Gorbach v. Prager, Inc.’s Empirical Analysis
1975
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently October 1991
19 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
Relies on Jordan v. Travelers Insurance Company · Bertrand v. Coal Operators Casualty Company · Prim v. City of Shreveport · Ferguson v. HDE, Inc. · Hebert v. Your Food Processing & Warehouse, Inc.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * In order to recover benefits under the Louisiana Workmen’s Compensation Law, however, plaintiff must establish that the disability resulted from ‘personal injury by accident arising out of and in the course of his employment.’ Disability is compensable only if it was caused by a work-related accident. LSA-R.S. 23:1031; Prim v. City of Shreveport, La., 297 So.2d 421 (1974); Ferguson v. HDE, Inc., 270 So.2d 867 (1972).””
2 later decisions quote this exact passage“"Although procedural rules are construed liberally in favor of workmen's compensation claimants, the burden of proof, by a preponderance of the evidence, is not relaxed. Thus, the testimony as a whole must show that more probably than not an employment accident occurred and that it had a causal relation to the disability. If the testimony leaves the probabilities equally balanced, the plaintiff has failed to carry the burden of persuasion. Likewise, the plaintiff's case must fail if the evidence shows only a possibility of a causative accident or leaves it to speculation or conjecture. Jordan v. Travelers, 257 La. 995 , 245 So.2d 151 (1971); Hebert v. Your Food Processing & Warehouse, Inc., 248 La. 197 , 177 So.2d 286 (1965); Hogan v. T. J. Moss Tie Co., 210 La. 362 , 27 So.2d 131 (1946); White v. E. A. Caldwell Contractors, Inc., La.App., 276 So.2d 762 (1973); Richard v. Guillot, La.App., 271 So.2d 719 (1972); Nellon v. Harkins, La.App., 269 So.2d 542 (1972)."”
1 later decision quote this exact passage“"When the ligaments, cartilages, or organs of the body give way because of exertion on the job, the ensuing disability is compensable. See Ferguson v. HDE, Inc., supra [ 264 La. 204 , 270 So.2d 867 (1972)]; Bertrand v. Coal Operators Casualty Company, 253 La. 1115 , 221 So.2d 816 (1968)."”
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.