Bowling v. Special Fund’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. “In Peabody Coal Co. v. Gossett, Ky., 819 S.W.2d 33 (1991), we stated that when an amendment is remedial, it does not come within the legal conception of a retrospective law nor the general rule against the retrospective operation of statutes. Quoting from 73 Am.Jur.2d Statutes § 354 (1974), we endorsed the principle that a “remedial statute must be so construed as to make it effect the evident purpose for which it was enacted, so that if the reason of the statute extends to past transactions, as well as to those in the future, then it will be so applied....” It is abundantly clear that the 1990 amendment to KRS 342.730(3) was to correct an ambiguity. As is evidenced by the amendment itself, the legislature did not intend to treat the survivors of workers awarded income benefits under KRS 342.732 differently than those awarded income benefits under KRS 342.730. Clearly then, those classes should not be treated disparately because their claims arose between October of 1987, and July of 1990. See, Newberg v. Davis, Ky., 867 S.W.2d 193 (1993).”

   1 later decision quote this exact passage · from the majority
   e.g. Williamson v. Island Creek Coal Co.

2. “[BJefore the pneumoconiosis statute was enacted income benefits were awarded exclusively under KRS 342.730. Accordingly, subsection (3) of KRS 342.730 authorized the award of survivors’ benefits when the employee had sustained disability com-pensable under “that section.” In 1987, KRS 342.732 was enacted to separately authorize and direct income and retraining benefits for occupational pneumonoconio-sis. However, it was not until 1990 that KRS 342.730(3) was amended, substituting the word “chapter” for “section,” and thereby authorizing survivors’ benefits in claims for income benefits arising under KRS 342.732.”

   1 later decision quote this exact passage · from the majority
   e.g. Williamson v. Island Creek Coal Co.