K-Mart v. Turner’s Empirical Analysis

Citation profile

1 state decisions

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

1. “The issue of disability is a factual determination. Fritz v. Home Furniture-Lafayette, 95-1705 (La.App. 3 Cir. 7/24/96) ; 677 So.2d 1132, 1134 ; Creel v. Concordia Electric Cooperative, Inc., 95-914 (La.App. 3 Cir. 1/31/96) ; 670 So.2d 406 ; writ denied, 96-0577 (La.4/19/96); 671 So.2d 923 . Factual findings of a hearing officer may not be disturbed by an appellate court unless the factual findings are manifestly erroneous or clearly wrong. Fritz v. Home Furniture-Lafayette, 677 So.2d at 1134 ; Comeaux v. Sam Broussard Trucking, 94-1631 (La.App. 3 Cir. 5/31/95) ; 657 So.2d 449 . In order for an appellate court to set aside a hearing officer's factual finding, the appellate court must conclude from the record, viewed in its entirety, that a reasonable factual basis did not exist for the hearing officer's finding and that this finding is clearly wrong. Guidry v. Picadilly Cafeterias, Inc., 95-12 (La.App. 3 Cir. 5/24/95) ; 657 So.2d 325 , writ denied, 95-1601 (La.9/29/95); 660 So.2d 870 . Further, in determining the issues presented on appeal, this court is cognizant of the principals established in Pinkins v. Cardinal Wholesale Supply, Inc., 619 So.2d 52 (La.1993). In Pinkins , the supreme court stated, "[i]t is well established that this state has long recognized the workers' compensation act is remedial in nature. In order to effectuate the humane policies it reflects, the law is to be liberally construed in favor of the injured employee." Id. at 55 .”

   1 later decision quote this exact passage
   e.g. 871 So. 2d 1161 - Thomas v. Browning-Ferris, Inc.

2. “[B]y clear and convincing evidence, unaided by any presumption of disability, that the employee is physically unable to engage in any employment or self-employment, regardless of the nature or character of the employment or selfemployment, including, but not limited to, any and all odd-lot employment, sheltered employment, or employment while working in any pain, notwithstanding the location or availability of any such employment or self-employment.”

   1 later decision quote this exact passage
   e.g. 871 So. 2d 1161 - Thomas v. Browning-Ferris, Inc.