Locker v. Wilson’s Empirical Analysis
1988
Citation profile
11 state decisions
How this case has been cited
Cited by 14 later decisions — most recently May 2018
11 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 Preiser v. Department of Transportation · American Guaranty Co. v. Sunset Realty & Planting Co. · 354 So. 2d 179 - Lushute v. Diesi · 427 So. 2d 1312 - Watson v. Cook · Howard Trucking Co., Inc. v. Stassi
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“One of the hallmarks of estoppel is detrimental reliance, and Locker has shown neither reliance nor change of position to his detriment; in fact, he received what he was entitled to, worker’s comp benefits. He was possibly deprived of the hope of suing in tort, but in truth the tort remedy was never available to him. Thus there is no ground for invoking the equitable remedy of estoppel. Finally, the statute positively prohibits the employer from evading his comp obligations, LSA-R.S. 23:1032. Estoppel cannot prevail over this positive assertion of written law. LSA-C.C. art. 4; [citations omitted]. Because the statute would not allow the employer to be es-topped from his obligations under the workers comp scheme, appellants cannot advance ‘material’ facts to prove estoppel. Id.”
1 later decision quote this exact passage“Under the current statutory scheme, no ‘contract, rule, regulation, or device whatsoever’ is permitted to relieve the statutory employer of his obligation to provide worker’s comp coverage. LSA-R.S. 23:1033. The comp remedy is exclusive and except for narrow exceptions clearly inapplicable to this case cannot be waived. LSA-R.S. 23:1032, 1035. Thus, whatever the facts the appellants may allege and prove at trial in support of waiver, would be “immaterial.” The employer is entitled to summary judgment because, as a matter of law, the parties could not waive the workers comp remedy. This argument lacks merit. Id. at 443 .”
1 later decision quote this exact passage“Wilson moved for summary judgment, urging he was the employer or statutory employer of Locker.”
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.