Director, Office of Workers' Compensation Programs v. Universal Terminal & Stevedoring Corp.’s Empirical Analysis
575 F.2d 452 · 1978
Citation profile
29 federal appellate · 1 state decisions
How this case has been cited
Cited by 34 later decisions — most recently November 2002 · most notably Sun Shipbuilding & Dry Dock Co. v. McCabe (1979), Director, Office of Workers' Compensation Programs, United States Department of Labor v. Newport News Shipbuilding & Dry Dock Co. (1982)
29 federal appellate · 1 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 American Mutual Insurance v. Jones · C & P Telephone Co. v. Director, Office of Workers' Compensation Programs · Atlantic & Gulf Stevedores, Inc. v. Director, Office of Workers' Compensation Programs · Krolick Contracting Corp. v. Benefits Review Board · Equitable Equipment Co. v. Hardy
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Heart disease is not as obviously manifest a disability as is the loss of a limb or an eye. Nevertheless, in many instances heart disease is objectively determinable and objectively determined. The record before the administrative law judge contains the evidence of De Nichilo's prior hospitalization for a possible myocardial infarction and the testimony of Dr. Edward S. Wally that De Nichilo suffered from a coronary artery disease. The administrative law judge relied upon this evidence of De Nichilo's abnormal heart condition to conclude that the degree of stress De Nichilo underwent on December 28, 1974, produced the attack he suffered on that date. Although the administrative law judge did not use the word manifest, he found that De Nichilo had pre-existing physical infirmities of heart disease and diabetes mellitus. These were readily discoverable by any employer who looked at De Nichilo's medical record. That record makes the disability manifest. No more is required for the purpose of assuring that only eligible employers receive the insurance coverage provided by § 8(f) of the Act.”
3 later decisions quote this exact passage · from the majority“if the test of Sec. 8(f) coverage is the ... employer's actual knowledge of the prior disability, employers will insist upon pre-hire physical examinations, thereby erecting barriers to the employment of the partially disabled.”
1 later decision quote this exact passage · from the majority
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.