Whitman's Case’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) the extent of control, by the agreement, over the details of the work; (b) whether ... the one employed is engaged in a distinct occupation or business; (c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision; (d) the skill required in the particular occupation; (e) whether the employer or the workman supplies the instrumentalities, tools, and the place of work for the person doing the work; (f) the length of time for which the person is employed; (g) the method of payment, whether by the time or by the job; (h) whether ... the work is a part of the regular business of the employer; (i) whether ... the parties believe they are creating the relation of master and servant; (j) whether the principal is ... in business,”

   1 later decision quote this exact passage
   e.g. Ives Camargo's Case.

2. “The question of employment status within the meaning of G. L. c. 152, § 1 (4), is essentially a question of fact for the board, not to be set aside if it is justified by the evidence, unless, of course, it is tainted by some error of law”

   1 later decision quote this exact passage
   e.g. Ives Camargo's Case.

3. “[k] the tax treatment applied to payment ...; and [l] the presence of the right to terminate the relationship without liability, as opposed to the worker's right to complete the project for which he was hired ... ,”

   1 later decision quote this exact passage
   e.g. Ives Camargo's Case.