Smith v. Brown’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is here stated that there has been a change in appellee’s condition, but it clearly appears that such change relates only to his ability to work — a fact which cannot be made the basis of an award under said § 45, swpra, where the original or prior award, which it is sought to have modified, is based on a permanent partial impairment of a member, as in the instant case. This is true because an award, based on such an injury, is made for the loss of the function of the member, or, as sometimes stated, for the injury itself — the period of compensation being determined from the degree of sucia impairment, and not from the actual disability resulting therefrom. ... “It is obvious that, while the loss of earning power may be evidence, tending to show the extent of the impairment, the mere fact that an injured employee’s earning power has either increased or decreased will not afford a basis for modifying an award for permanent partial impairment, as it was evidently intended that such an award should cover all disability' arising therefrom, whether total .or partial, and should be effective although no actual disability should result.””

   1 later decision quote this exact passage
   e.g. 112 Ind. App. 649 - Frazier v. Knox Consolidated Coal Corp.

2. ““ ‘This section (§31 of the Act of 1915) deals with such injuries not from the standpoint of any total disability that may result temporarily or any disability that may continue through the period fixed by the section, but from the standpoint of the consequent permanent disability, and resulting diminution in earning power extending through life. The specific portions of the section assume that from the respective scheduled injuries a handicap of certain gravity will result, for which compensation is arbitrarily fixed, regardless of the actual disability and loss of capacity. Where a workman suffers an injury covered by § 31, he is entitled to the compensation fixed by that section, not because of the actual extent of the resulting disability, but because the section so declares. . . .’ ””

   1 later decision quote this exact passage
   e.g. 112 Ind. App. 649 - Frazier v. Knox Consolidated Coal Corp.

3. ““Thus appellee’s condition at that time was specifically determined, and the period for the payment of compensation was definitely fixed. As neither of the parties took any step to have the agreement set aside or superseded, it became a full and final determination of appellee’s condition at the time it was made, and of appellant’s liability for the payment of compensation, subject only to the right of either party to have a modification of the period for the payment of compensation, on account of a change in appellee’s condition, . . .””

   1 later decision quote this exact passage
   e.g. 112 Ind. App. 649 - Frazier v. Knox Consolidated Coal Corp.