Elliott v. Commonwealth’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The terms ‘injury,’ ‘personal injury,’ and ‘injury arising in the course of his employment,’ as used in this act, shall include, unless the context clearly requires otherwise, occupational disease as defined in section 108 of this act. Provided, That whenever occupational disease is the basis for compensation, for disability or death under this act, it shall apply only to disability or death resulting from such disease and occurring within three hundred weeks after the last date of employment in an occupation or industry to which he was exposed to hazards of such disease: And provided further, That if the employe’s compensable disability has occurred within such period, his subsequent death as a result of the disease shall likewise be compensable. The provisions of this paragraph (2) shall apply only with respect to the disability or death of an employe which results in whole or in part from the employe’s exposure to the hazard of occupational disease after June 30, 1973 in employment covered by the Pennsylvania Workmen’s Compensation Act. (emphasis added).”

   1 later decision quote this exact passage
   e.g. Kusenko v. Republic Steel Corp.

2. “In .these cases, the court, fixing on Consolidation Coal, made declarations to the effect that conditions which contribute to death but are not related to the immediate cause of death are insufficient to support an award and that a claimant is required to show that the occupational disease “in and of itself could have resulted in the death.” We today disapprove such statements insofar as they are inconsistent with the true test in this class of case which is as follows: Neither .Section 301(c) (.2) nor any other provision of The Pennsylvania Workmen’s Compensation Act requires that the death or disability be solely caused iby the occupational disease, or that the occupational disease itself must be the active agency which terminates life or brings about disability. Likewise the statutes do not exclude death as compensable where the occupational disease is the contributory or accelerating .cause. The important factor is that there shall be a causal relationship between the disease and the death or disability.”

   1 later decision quote this exact passage
   e.g. Standard Steel Co. v. Workmen's Compensation Appeal Board