Director, Office of Workers' Compensation Programs, United States Department of Labor v. Patricia Ann Ekar Boughman, International Union of Operating Engineers and the Travelers Insurance Company v. Patricia Ann Ekar Boughman, and Director, Office of Workers' Compensation Programs, United States Department of Labor’s Empirical Analysis
545 F.2d 210 · 1976
Citation profile
19 federal appellate · 3 state decisions
Relationships
Relies on Red Lion Broadcasting Co. v. Federal Communications Commission · United States v. Menasche · Tennessee Burley Tobacco Growers' Ass'n v. Range · Director, Office of Workers' Compensation Programs v. O'Keefe
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b)(1) Except as provided in subsection (c) of this section, compensation for disability shall not exceed the following percentages of the applicable national average weekly wage as determined by the Secretary under paragraph (3): (A) 125 per centum or $167, whichever is greater, during the period ending September 30, 1973. (B) 150 per centum during the period beginning October 1, 1973, and ending September 30, 1974. (C) 175 per centum during the period beginning October 1, 1974, and ending September 30, 1975. (D) 200 per centum beginning October 1, 1975. (2) Compensation for total disability shall not be less than 50 per centum of the applicable national average weekly wage determined by the Secretary under paragraph (3), except that if the employee's average weekly wages as computed under section 910 of this title are less than 50 per centum of such national average weekly wage, he shall receive his average weekly wages as compensation for total disability. (3) As soon as practicable after June 30 of each year, and in any event prior to October 1 of such year, the Secretary shall determine the national average weekly wage for the three consecutive calendar quarters ending June 30. Such determination shall be the applicable national average weekly wage for the period beginning with October 1 of that year and ending with September 30 of the next year. The initial determination under this paragraph shall be made as soon as practicable after October 27, 1972.”
3 later decisions quote this exact passage · from the majoritye.g. Director, Office of Workers' Compensation Programs, United States Department of Labor v. Genevieve O. Rasmussen and William C. Rasmussen, Jr., Geo Control, Inc., and New Hampshire Insurance Company v. Genevieve O. Rasmussen and William C. Rasmussen, Jr. (William C. Rasmussen, Deceased) · Wien Air Alaska v. Arant“(e) In computing death benefits the average weekly wages of the deceased shall be considered to have been not (more than $105 nor) less than ($27) the applicable national average weekly wage as prescribed in section 6(b) but the total weekly (compensation) benefits shall not exceed the average weekly wages of the deceased.”
3 later decisions quote this exact passage · from the majoritye.g. Director v. Rasmussen · Director, Office of Workers' Compensation Programs, United States Department of Labor v. Genevieve O. Rasmussen and William C. Rasmussen, Jr., Geo Control, Inc., and New Hampshire Insurance Company v. Genevieve O. Rasmussen and William C. Rasmussen, Jr. (William C. Rasmussen, Deceased)“In computing death benefits the average weekly wages of the deceased shall be considered to have been not less than the applicable national average weekly wage as prescribed in section 906(b) of this title but the total weekly benefits shall not exceed the average weekly wages of the deceased.”
3 later decisions quote this exact passage · from the majoritye.g. Director v. Rasmussen · Director, Office of Workers' Compensation Programs, United States Department of Labor v. Genevieve O. Rasmussen and William C. Rasmussen, Jr., Geo Control, Inc., and New Hampshire Insurance Company v. Genevieve O. Rasmussen and William C. Rasmussen, Jr. (William C. Rasmussen, Deceased)
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.