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← 607 So. 2d 1119 - Smith v. Jackson Const. Co.

607 So. 2d 1119 - Smith v. Jackson Const. Co.’s Empirical Analysis

1992

Citation profile

105
cited by 105 later decisions
2
states following
March 2018
most recently cited

105 state decisions

How this case has been cited

Cited by 105 later decisions — most recently March 2018 · most notably 653 So. 2d 1387 - American Fire Protection, Inc. v. Lewis (1995), Weatherspoon v. Croft Metals, Inc. (2003)

105 state decisions

580199220002010decided

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

Applies 33 U.S.C. § 908

Relies on Leary v. United States · Lorillard v. Pons · Edmonds v. Compagnie Generale Transatlantique · Commissioner v. Acker · Girouard v. United States

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

  1. “[W]e hold foursquare that Section 71-3-17(a) covers all cases of permanent total occupational disability, to the exclusion of Section 71-3-17(c) which by its title and its terms covers only permanent partial occupational disability (although it may be permanent, total loss of use of a specific member). Where an employee suffers an injury covered by the schedule in Section 71-3-17(c) and where that injury results in a permanent loss of wage earning capacity within Section 71-3-17(a), the latter section controls exclusively and the employee is not limited to the number of weeks of compensation prescribed in Section 71-3-17(c)’s schedule.”
    5 later decisions quote this exact passage
  2. “If there is substantial evidence to support the Commission, absent an error of law, this Court must affirm. On the other hand, where the Commission has misapprehended the controlling legal principles, we will reverse, for our review in that event is de novo.”
    4 later decisions quote this exact passage
  3. “the Act arbitrarily schedules the compensation payable for loss of or loss of use of a scheduled member, focusing upon a claimant's functional loss and without regard to loss of wage earning capacity.”
    4 later decisions quote this exact passage

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.