846 So. 2d 1014 - PERS v. Dearman’s Empirical Analysis
2003
Citation profile
26 state decisions
Relationships
Relies on Consolidated Edison Co of New York v. National Labor Relations Board · Central Electric Power Ass'n v. Hicks · 586 So. 2d 768 - Delta CMI v. Speck · 774 So. 2d 421 - PERC v. Marquez · 743 So. 2d 973 - MS DEPT. OF HEALTH v. Natchez Community Hosp.
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.
“Conversely, the record is devoid of any evidence that Dearman is not disabled. PERS failed to offer any medical evidence which disputed the opinions of Drs. Millette, Witty, Nicholls, Smith, Redman and Orleans. PERS contends physicians on the Medical Board and the [DAC] reviewed the evidence and determined that Dearman was not disabled. However, this opinion is not conclusive. PERS cannot choose to ignore the only evidence in the record from the examining physician, especially where it chose not to exercise its right to an independent medical evaluation under Miss. Code Ann. § 25 -ll-113(l)(c) (Rev.1999).”
8 later decisions quote this exact passage“the inability to perform the usual duties of employment or the incapacity to perform such lesser duties ... without material reduction in compensation....”
2 later decisions quote this exact passage“[i]f an administrative agency's decision is not based on substantial evidence, it necessarily follows that the decision is arbitrary and capricious.”
2 later decisions 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.