Jones v. Fairgrounds Corp.’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The worker's compensation act provides a two stage proceeding, one administrative and one judicial. Franz v. New Orleans Breakers, Limited Partnership, 515 So.2d 1120 (La.App. 5th Cir. 1987). Plaintiff's right to seek redress by either of these proceedings has prescribed on the face of the pleadings. The act clearly allows the filing of an administrative claim within one year of the accident. LSA-R.S. 23:1209. The act also requires that the petition filed in a district court specifically state that the claim for compensation has been submitted to the Office of Worker's Compensation for informal resolution and that an attempt to informally resolve the claim has failed. LSA-R.S. 23:1311. Likewise, LSA-R.S. 23:1314 states that the filing of a petition in district court under LSA-R.S. 23:1311 is premature unless it alleges that the claim has been submitted to the office for informal resolution and that resolution of the claim has failed. The record reflects that plaintiff failed to first file his claim with the office of worker's compensation, but rather chose to file suit in district court on April 17, 1986. Under the statute this pleading on its face was premature. Plaintiff should have been on notice that he had one year from the date of the alleged accident to file the claim with the office of worker's compensation. Even though the trial court dismissed plaintiff's first suit without prejudice, we do not agree with plaintiff's argument that he had one year from the date of th”

   1 later decision quote this exact passage
   e.g. 554 So. 2d 210 - Browning v. Winnfield Veneer Co.