Ex Parte Murray’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"For purposes of this article only, an injured employee or the employee's representative, within five days after the occurrence of an accident, shall give or cause to be given to the employer written notice of the accident. If the notice is not given, the employee or the employee's dependent shall not be entitled to physician's or medical fees nor any compensation which may have accrued under the terms of this article, unless it can be shown that the party required to give notice had been prevented from doing so by reason of physical or mental incapacity, other than minority, fraud, or deceit, or equal good reason. Notwithstanding any other provision of this section, no compensation shall be payable unless written notice is given within 90 days after the occurrence of the accident or, if death results, within 90 days after the death."”

   2 later decisions quote this exact passage
   e.g. UNITED AUTO WORKERS 1155 v. Fortenberry · 705 So. 2d 402 - Steele v. General Motors Corp.

2. “"Section 25-5-78 specifies two time periods with respect to notice. Cases interpreting these notice provisions of the Act have treated the time provisions in a variety of ways. Several cases have treated the 90-day limitation as absolute, while failing to even mention the 5-day provision. . . . "We find no case that definitively differentiates between the two time provisions or that delineates the operative effect of the two separate requirements. It is clear that a rule of absolutism cannot be applied to both the 5-day and the 90-day requirements. If this were true, failure to comply with the 5-day limitation, in all events, would bar an employee's right to [workers'] compensation benefits. It is equally clear that actual notice within 5 days necessarily constitutes compliance with the 90-day requirement. "Unquestionably, the savings clause is applicable only to the 5-day limitation period. Furthermore, the language that includes the word 'accrued' in connection with the imposition of forfeiture of benefits appears only with the respect to the 5-day provision. The savings clause is a means by which an employee may avoid the sanction of forfeiture. That forfeiture can be effective only where no 'good reason' can be shown for failure to notify the employer within 5 days of the injury. . . . In that event, if the employer received actual notice within 90 days of the injury, the employee would forfeit only those payments accrued up to the time of notification. We believe this is”

   1 later decision quote this exact passage
   e.g. 705 So. 2d 402 - Steele v. General Motors Corp.

3. “"Every injured employee or his representative shall, within five days after the occurrence of an accident, give or cause to be given to the employer written notice of the accident, and the employee, if he fails to give such notice, shall not be entitled to physician's or medical fees nor any compensation which may have accrued under the terms of this article . . . unless it can be shown that the party required to give such notice had been prevented from doing so by reason of physical or mental incapacity, other than minority, fraud or deceit, or equal good reason, but no compensation shall be payable unless such written notice is given within 90 days after the occurrence of the accident. . . ."”

   1 later decision quote this exact passage
   e.g. 601 So. 2d 1059 - James v. Hornady Truck Line, Inc.