Old Ben Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Lowell Mitchell’s Empirical Analysis

Citation profile

22 federal appellate ·

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

1. “[w]e repudiated our previous Wetherill dicta and held that a miner whose pneumoconiosis was not disabling and who could have worked except for work-related back injury was not totally disabled by pneumoconiosis and was not entitled to benefits.”

   2 later decisions quote this exact passage · from the majority
   e.g. Peabody Coal Company and Old Republic Insurance Company v. Office of Workers' Compensation Programs, Estate of J.T. Goodloe, Larry Goodloe, Personal Representative, Estate of J.T. Goodloe, Larry Goodloe, Personal Representative, Jack N. Vanstone, Attorney v. Office of Workers' Compensation Programs, Peabody Coal Company and Old Republic Insurance Company · Peabody Coal Company v. Office of Workers' Compensation Programs Jt Estate of Jt Goodloe N

2. “'such relevant evidence as a rational mind might accept as adequate to support a conclusion.'”

   2 later decisions quote this exact passage · from the majority
   e.g. Freeman United Coal Mining Company v. Conover · Freeman United Coal Min. Co. v. Conover

3. “Moreover, waiver is a flexible doctrine, too, so that when all the claimant asks for is a remand to permit the agency to consider an intervening decision — a decision the agency couldn't have considered earlier — the doctrine does not stand in the way.”

   1 later decision quote this exact passage · from the majority
   e.g. Indiana Bell Telephone Co. v. McCarty