Eymard & Sons Shipyard v. Smith’s Empirical Analysis
862 F.2d 1220 · 1989
Citation profile
10 federal appellate · 1 state decisions
How this case has been cited
Cited by 13 later decisions — most recently November 2002
10 federal appellate · 1 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
Applies 33 U.S.C. § 908 · 33 U.S.C. § 921 · 33 U.S.C. § 944
Relies on Lawson v. Suwanee Fruit & Steamship Co · Strachan Shipping Co. v. Nash · Director, Office of Workers' Compensation Programs v. Cargill, Inc. · Mississippi Coast Marine, Inc. v. Bosarge · Equitable Equipment Co. v. Hardy
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“although a diagnosis as such is not expressly stated in the medical records nevertheless sufficient unambiguous, objective, and obvious indication of a disability is reflected by the factual information contained in the available records so that the disability should be considered manifest even though actually unknown by the employer.”
3 later decisions quote this exact passage · from the majority“In order for a pre-existing condition to be manifest it must be clearly diagnosed and identified in medical records available to the employer; if a diagnosis is unstated, there must be a sufficiently unambiguous, objective and obvious indication of a disability reflected by the factual information contained in the available medical records in existence at the time of injury.”
1 later decision quote this exact passage · from the majority“the disability is manifest to those employers who know that the disability is permanent or who are uncertain, but have objective evidence of a serious lasting problem that would motivate a cautious employer to discharge the employee because of a greatly increased risk of liability”
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.