State v. Lillard’s Empirical Analysis
1987
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently July 2010
10 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 32 Del. Ch. 527 - E. I. Du Pont De Nemours & Co. v. Clark · Keys v. State · Lillard v. Delaware State Hospital for the Chronically Ill · Department of Health & Social Services v. Crossan · State v. Lillard
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under the Workmen’s Compensation Laws, 19 DelC. ch. 23, an employee who incurs a work-related injury or disease is entitled to compensation during the period of his or her incapacity. However, these compensation awards have always been less than an employee’s regular full pay. Prior to 1975, pursuant to 29 DelC. § 5933 and mindful of the amount paid under the Workmen’s Compensation Laws, Merit Rule 6.0310 was promulgated, which provided in part that “[a]n employee at his option may also use sick leave to provide full regular pay during periods when he is paid less than full pay under workmen’s compensation provisions.” State Personnel Office. Rules for a Merit System of Personnel Administration, Doc. No. 10-04/78/08/14, Rule 6.0310 (rev. ed.1974). Determining that it was not equitable or fair for a Merit System employee to be forced to use sick leave for a job-related accident or illness not arising out of the employee’s own negligence, the General Assembly amended Section 5933 in 1975....”
1 later decision quote this exact passage“Whenever an officer or employee of the State, including those exempt from the classified service, qualifies for workmen’s compensation benefits, such officer or employee, for a period not to exceed S months from the date such compensation begins, shall not be charged sick leave and shall receive from the State the difference, if any, between the total of: (1) The amount of such compensation, (2) any disability benefits received under the Federal Social Security Act, and (3) any other employer supported disability program, and the amount of wages to which the officer or employee is entitled on the date such compensation begins, provided the injury or disease for which such compensation is paid is not the direct result of such officer or employee’s misconduct and occurs during a period of employment for which the employee is entitled to receive wages.”
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.