County Workers Compensation Pool v. Davis’s Empirical Analysis
1991
Citation profile
3 federal appellate · 2 district · 29 state decisions
How this case has been cited
Cited by 34 later decisions — most recently April 2013 · most notably Davison v. Industrial Claim Appeals Office (2004), Hobson v. Mid-Century Insurance (2001)
3 federal appellate · 2 district · 29 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 Ott v. Keller · Walton v. State ex rel. Road Commission · Transport Indemnity Company v. Garcia · Becker v. Huss Co. · Tate v. Industrial Claim Appeals Office
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he payment of compensation shall operate as and' be an assignment of the cause of action ... to the Colorado compensation insurance authority.... [To the extent of compensation for which it is liable] said carrier shall be subrogated to the rights of the injured employee against said third party causing the injury.... The right of subrogation provided by this section shall apply to and include all compensation ... to which the employee [is] entitled ... or for which employee’s employer or insurance carrier is liable.... [The section does not limit the injured employee’s right to] proceed against the third party causing the injury to recover any damages in excess of the subrogation rights described in this section.”
2 later decisions quote this exact passage · from the majority“[Wjhere, as here, an injured employee’s tort claim against a third party is settled for an amount greater than the insurer’s subrogation claim for workers’ compensation benefits, and the insurer has not actively participated in the tort litigation, a court may order the insurer to pay a reasonable share of the attorney fees and court costs incurred by the employee in the tort litigation.”
2 later decisions quote this exact passage · from the majority“[A] contrary rule would require the employee to bear the litigation expenses for that very part of the recovery which the employee is obligated to pay over to the insurer, thereby resulting in a substantial pecuniary benefit to the insurer at the expense of the employee.”
1 later decision quote this exact passage · from the majority
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.