Wilhite v. Hurd’s Empirical Analysis
1967
Citation profile
2 federal appellate · 50 state decisions
How this case has been cited
Cited by 52 later decisions — most recently September 2016 · most notably Hampton v. Big Boy Steel Erection (2003), Leutzinger v. Treasurer of Missouri Custodian of the Second Injury Fund (1995)
2 federal appellate · 50 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 Michler v. Krey Packing Co. · Corp. v. Joplin Cement Company · Cebak v. John Nooter Boiler Works Co. · Snowbarger v. M. F. A. Central Co-Operative · Patane v. Stix, Baer and Fuller
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“industrial disability” was first introduced by our supreme court in Wilhite v. Hurd, 411 S.W.2d 72 (Mo.1967), in which the court stated, “The preexisting permanent partial disability necessary to compensation from the Second Injury Fund under Section 287.220 V.A.M.S., relates to disability to work and means ‘industrial disability’ or loss of earning capacity, rather than physical impairment as such.”
2 later decisions quote this exact passage“If any employee who has a preexisting permanent partial disability whether from compensable injury or otherwise, of such seriousness as to constitute a hindrance or obstacle to employment or to obtaining reemployment if the employee becomes unemployed, and the preexisting permanent partial disability, if a body as a whole injury, equals a minimum of fifty weeks of compensation or, if a major extremity injury only, equals a minimum of fifteen percent permanent partial disability, according to the medical standards that are used in determining such compensation, receives a subsequent compensable injury resulting in additional permanent partial disability so that the degree or percentage of disability, in an amount equal to a minimum of fifty weeks compensation, if a body as a whole injury or, if a major extremity injury only, equals a minimum of fifteen percent permanent partial disability, caused by the combined disabilities is substantially greater than that which would have resulted from the last injury, considered alone and of itself, and if the employee is entitled to receive compensation on the basis of the combined disabilities, the employer at the time of the last injury shall be liable only for the degree or percentage of disability which would have resulted from the last injury had there been no preexisting disability. After the compensation liability of the employer for the last injury, considered alone, has been determined by an administrative law judge or the commi”
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.