Mitchell v. Director, Office of Workers' Compensation Programs’s Empirical Analysis
855 F.2d 485 · 1988
Citation profile
15 federal appellate ·
How this case has been cited
Cited by 17 later decisions — most recently November 2001
15 federal appellate ·
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
Applies 30 U.S.C. § 802 · 30 U.S.C. § 902 · 30 U.S.C. § 921
Relies on Consumer Product Safety Commission v. GTE Sylvania, Inc. · Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation Programs · Colby v. Jc Penney Company Inc · Southard v. Director, Office of Workers' Compensation Programs · Old Ben Coal Co. v. Prewitt
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... any individual who works or has worked in or around a coal mine or coal preparation facility in the extraction or preparation of coal.”
2 later decisions quote this exact passage · from the majority“(4) If a miner was employed for fifteen years or more in one or more underground coal mines, and if there is a chest roentgenogram submitted in connection with such miner's ... claim under this subchapter and it is interpreted as negative with respect to the requirements of paragraph (3) of this subsection, and if other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment, then there shall be a rebuttable presumption that such miner is totally disabled due to pneumoconiosis, that his death was due to pneumoconiosis, or that at the time of his death he was totally disabled by pneumoconiosis.... The Secretary may rebut such presumption only by establishing that (A) such miner does not, or did not, have pneumoco-niosis, or that (B) his respiratory or pulmonary impairment did not arise out of, or in connection with, employment in a coal mine. . This provision is repeated in the Subpart C regulations at 20 C.F.R. § 718.305 (a).”
1 later decision quote this exact passage · from the majority“a coal mine transportation worker is involved in the extraction or preparation of coal if his work relates to the preparation of coal for delivery, rather than the delivery of the finished product to consumers in the stream of commerce”
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.