Lopez v. Schultz & Lindsay Construction Co.’s Empirical Analysis
1968
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently March 1982 · most notably Adams v. Loffland Brothers Drilling Company (1970), Lucero v. Los Alamos Constructors, Inc. (1969)
26 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 Frederick v. Younger Van Lines · Luna v. Flores · Mascarenas v. Kennedy · Hales v. Van Cleave · Taylor v. McBee
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In viewing the evidence to determine whether or not it substantially supports the findings, it must be viewed, together with all reasonable inferences deducible therefrom, in the light most favorable to support the findings. The credibility of the witnesses and the weight to be given their testimony are to be determined by the trial court and not by the appellate court. . . . The appellate court may not properly substitute its judgment for that of the trial court as to the credibility of any witness or as to the weight to be given his testimony. It is not for the appellate court to say what testimony should be given credence and what should be disbelieved. . . . Although we are firmly committed to the view that our Workmen’s Compensation Act must be liberally construed to effect its purpose, this view of liberal construction applies only to the law and not to the facts. On appeal only that evidence and the reasonable inferences to be drawn therefrom which support the findings will be considered. All evidence unfavorable to the findings will be disregarded. . . . ””
1 later decision quote this exact passage“Subject to the limitation of compensation payable under Subsection G of this section, if an accidental injury sustained by a workman proximately results in his death within the period of two years following his accidental injury, compensation shall be paid in the amount and to the persons entitled thereto, as follows: * * * * * * D. If there be neither widow or widower nor children, compensation may be paid to the father and mother or the survivor of them if dependent to any extent upon the workman for support at the time of the workman’s death, twenty-five percent of the average weekly wage of the deceased, and in no event shall the maximum compensation to such dependents exceed the amounts contributed by the deceased workman for their care; provided, that if the father and mother, or the survivor of them, shall have been totally dependent upon such workman for support at the time of the workman’s death, he, she or they shall be entitled to fifty percent of the average weekly wage of the deceased; * * * * [Emphasis supplied].”
1 later decision quote this exact passage““As used in the Workmen’s Compensation Act [59-10-1 to 59-10-37], ‘total disability’ means a condition whereby a workman, by reason of an injury arising out of, and in the course of, his employment, is wholly unable to perform the usual tasks in the work he was performing at the time of his injury, and is wholly unable to perform any work for which he is fitted by age, education, training, general physical and mental capacity, and previous work experience.””
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.