Thum v. MRO Services Co., Inc.’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As in any other civil suit, the plaintiff in a workmen’s compensation action has the burden of establishing his disability and the causal connection between said disability and the accident by a preponderance of the evidence. Lindsey v. H.A. Lott, Inc., 387 So.2d 1091 (La.1980). However, plaintiff need not establish with expert testimony the exact cause of his disability in order for him to recover. Hammond v. Fidelity & Cas. Co. of New York, 419 So.2d 829 (La.1982). Medical testimony ‘must be weighed in the light of other credible evidence of a nonmedical character, such as a sequence of symptoms or events in order to judicially determine probability.’ Schouest v. J. Ray McDermott & Co., Inc., 411 So.2d 1042 (La.1982). A plaintiff’s disability will be presumed to have resulted from an employment accident, if the plaintiff was in good health before the accident, but commencing with the accident the symptoms of the disabling condition appear and manifest themselves continuously after-wards, providing that a reasonable possibility of a causal connection between the accident and the disabling condition exists. Lindsey v. H.A. Lott, Inc., 387 So.2d 1091 (La.1980). In the instant case, plaintiff was in good health prior to his phosgene exposure, as evidenced by the fact that he had a physical examination three months prior to the accident which indicated he was in good health. In addition, the lay testimony from plaintiff’s wife, Earl Laird, and Foster Qualls reveals that plainti”

   1 later decision quote this exact passage
   e.g. Gobert v. Aetna Casualty & Surety Co.

2. “In order to recover, plaintiff must establish a causal connection between his disability and the accident. However, `(c)ausation is not necessarily and exclusively a medical conclusion. It is usually the ultimate fact to be found by the court, based on all the credible evidence.' Haughton v. Fireman's Fund Am. Ins. Companies, 355 So.2d 927 (La.1978) at 928.”

   1 later decision quote this exact passage
   e.g. 544 So. 2d 590 - Ducharme v. Garland Belongia