Newberg v. Garrett’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The terms ‘functional impairment’ and ‘occupational disability are not synonymous, but have separate and distinct meanings for compensation purposés. Unlike claims controlled by KRS 342.730, in which occupational disability is determined according to the criteria of KRS 342.0011, claims controlled by KRS 342.732(l)(b) are subject to a presumption of occupational disability. The presumption of occupational disability due to coal workers’ pneumo-coniosis contained in KRS 342.732(l)(b) is based solely on the worker’s pulmonary impairment and not on his actual occupational disability. Therefore, an inference that a worker is totally, occupationally disabled, simply because the injury and pneu-moconiosis awards equal or exceed 100%, is not warranted.”

   1 later decision quote this exact passage · from the majority
   e.g. Whittaker v. Kennedy