Johnson v. Denton Construction Co.’s Empirical Analysis

Citation profile

73 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “With regard to occupational disease due to repetitive motion, if the exposure to the repetitive motion which is found to be the cause of the injury is for a period of less than three months and the evidence demonstrates that the exposure to the repetitive motion with a prior employer was the substantial contributing factor to the injury, the prior employer shall be liable for such occupational disease.”

   6 later decisions quote this exact passage
   e.g. Maxon v. Leggett & Platt · Crabill v. Hannicon

2. “1. An employee shall be conclusively deemed to have been exposed to the hazards of an occupational disease when for any length of time, however short, he is employed in an occupation or process in which the hazard of the disease exists, subject to the provisions relating to occupational disease due to repetitive motion, as is set forth in subsection 7 of section 287.067, RSMo. 2. The employer hable for the compensation in this section provided shah be the employer in whose employment the employee was last exposed to the hazard of the occupational disease for which claim is made regardless of the length of time of such last exposure.”

   4 later decisions quote this exact passage
   e.g. Crabill v. Hannicon · Anderson v. Noel T. Adams Ambulance District

3. “1. The employer was insured at all times relevant to all the claims. Employer’s liability is secondary and indirect while insurer’s liability is primary and direct. Thus, if an employer pays a debt for which it is secondarily liable, it is entitled to reimbursement from the insurer. 2. Since employer was a named party on all claims, the insurer, at the relevant time, is also a party because section 287.030.2 provides that an “employer” shall include its insurer. Section 287.030.2 RSMo 1994. 3. It would be an “absurd result” if the 1996 disease claim, as an alternative cause of the 1993 disability affecting both hips, does not relate back to September 1995 which would relieve Traveler’s of liability on both hips. It would also be absurd if American States is not liable because it was not expressly named as a party but was the insurer on the date of last exposure. 4. The last exposure rule is set out in section 287.063 RSMo 1994. It provides that an employee is conclusively deemed to have been exposed to the hazards of an occupational disease when a claimant is employed in an occupation or process in which the hazard of the disease exists. The employer liable is the employer during whose employment the claimant was last exposed to the hazard for which the claim is made, regardless of the length of time of such last exposure. 5. The starting point for identifying the employer liable for a particular occupational disease in applying the last exposure rule is “the last employer to”

   3 later decisions quote this exact passage
   e.g. Coloney v. Accurate Superior Scale Co. · Kelley v. Banta & Stude Const. Co., Inc.