Miller v. Wefelmeyer’s Empirical Analysis
1994
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently December 2018
21 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
Relies on Richardson v. Falcon Products, Inc. · Plaster v. Dayco Corp. · Weinbauer v. Grey Eagle Distributors · Goleman v. MCI TRANSPORTERS · Bersett v. National Super Markets, Inc.
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] preexisting but non-disabling condition does not bar recovery of compensation if a job-related injury causes the condition to escalate to the level of disability. Weinbauer v. Grey Eagle Distributors, 661 S.W.2d 652, 654 (Mo.App. E.D.1983). If substantial evidence exists from which the Commission could determine that the claimant’s preexisting condition did not constitute an impediment to performance of claimant’s duties, there is sufficient competent evidence to warrant a finding that the claimant’s condition was aggravated by a work-related injury. Id. Miller v. Wefelmeyer, 890 S.W.2d 372, 376 (Mo.App.1994).”
3 later decisions quote this exact passage“As to the employee’s burden of proof with respect to the cause of the disability in a case where there is evidence of a pre-existing condition, the employee can show entitlement to permanent partial disability benefits, without any reduction for the pre-existing condition, by showing that it was non-disabling and that the ‘injury caused the condition to escalate to the level of a disability.”
1 later decision quote this exact passage“‘[w]here two events, one compensable and one not compensable, contribute to alleged disability, it is claimant’s burden to prove the nature and extent of disability attributed to the job-related injury.’ ” Miller v. Wefelmeyer, 890 S.W.2d 372, 376 (Mo.App.1994) (quoting Bersett v. Nat'l Super Mkts., Inc., 808 S.W.2d 34, 36 (Mo.App.1991)). In this regard,”
1 later decision quote this exact passagee.g. Rana v. LANDSTAR TLC
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.