Yocom v. Jackson’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “342.120. Creation of division of special fund — Subsequent injury compensation — Special fund as a party. — (1) There is created the division of the spe cial fund in the department of labor which shall be responsible for the administration of the legal representation of the fund and the maintenance of records regarding the payment of claims by the fund. (2) A claimant may in the original application for benefits, or either party may by motion while the case is pending, accompanied by proper allegations and by certification of the fact that a copy of the motion and the entire case file has been forwarded to the special fund at the cost of the movant, request the board to and the board shall, or upon its own motion the board may, at any time before the rendition of the final award, cause the special fund to be made a party to the proceedings if either or both of the following appears: (a) the employe is disabled, whether from a compensable injury, occupational disease, pre-existing disease, or otherwise, and has received a subsequent com-pensable injury by accident, or has developed an occupational disease; (b) The employe is found to have a dormant non-disabling disease or condition which was aroused or brought into disabling reality by reason of a subsequent compensable injury by accident or an occupational disease. (3) When the special fund has been made a party the board may direct the procedures provided in KRS 342.121. (4) If it is found that the employe is a person menti”

   2 later decisions quote this exact passage
   e.g. Beale v. Stratton · Windchy v. Wray

2. “[N]ot every departure from the normal state of health constitutes a dormant condition within the meaning of the statute. Considering the purpose of funds such as the Special Fund, this court concludes that it must be reasonably foreseeable that the abnormality may become disabling to some degree as a result of the ordinary stresses of everyday life over the employee’s expected work life before it can be considered a dormant condition within the meaning of KRS 342.120.... ... It was not the intention of the legislature to relieve employers from the natural consequences of their employees’ work related injuries merely because the degree of disability was affected by some physical or mental characteristic which ordinarily would never have affected the employees’ ability to work.”

   2 later decisions quote this exact passage
   e.g. Dealers Transport Co. v. Thompson · Windchy v. Wray

3. “`If the employee were suffering from a preexisting nondisabling neurosis which became disabling following a subsequent injury, then liability could be imposed upon the Special Fund. Based upon the holdings in the Wright and Mullins cases, the pre-existing neurosis was considered a disease. Ricky Coal v. Adams, Ky., 426 S.W.2d 464 (1968). On the other hand, if the employee had only `a low threshold emotional breaking point' which constituted a `personality defect,' this was considered to be a `condition' but not a `disease condition' for which liability could be imposed upon the Special Fund. ... . In Ricky Coal Company v. Adams, supra, the court quoted Larson for the proposition that, `There is almost no limit to the variety of disabling `psychic' conditions that have already been recognized as legitimately compensable.'”

   1 later decision quote this exact passage
   e.g. Bruce v. Clear Springs Trout Farm