De Asis v. Fram Corp.’s Empirical Analysis
1951
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently June 2011
12 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 Western Metal Supply Co. v. Pillsbury · Bartoni's Case · Gillen's Case · Gagnon's Case · Rice's Case
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.
““[N.C.G.S. § 97-2(5)] contains no specific provision which would allow wages from any two employments to be aggregated in fixing the wage base for compensation. Plaintiff contends, however, that such authority is implied in method [5], since ‘the amount which the injured employee would be earning were it not for the injury’ necessarily includes earnings from all sources if the employee had more than one job. It seems reasonable to us that the Legislature, having placed the economic loss caused by a workman’s injury upon the employer for whom he was working at the time of the injury, would also relate the amount of that loss to the average weekly wages which that employer was paying the employee. Plaintiff, of course, will greatly benefit if his wages from both jobs are combined; but, if this is done, [the employer] and its carrier, which has not received a commensurate premium — will be required to pay him a higher weekly compensation benefit than [the employer] ever paid him in wages. ... [T]o combine plaintiff’s wages from his two employments would not be fair to the employer. Method [5], ‘while it prescribes no precise method for computing “average weekly wages,” sets up a standard to which results fair and just to both parties must be related.’ After having specifically declared, in the usual situations to which method (1) is applicable, that an injured employee’s average weekly wages shall be the wages he was earning in the employment in which he was injured, had the Leg”
1 later decision 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.