Bath Iron Works Corp. v. Director, Office of Workers' Compensation Programs, United States Department of Labor’s Empirical Analysis

Citation profile

3 federal appellate ·

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. “[D]eafness is an injury that a worker typically suffers before retirement. After retirement a worker's workplace-noise-induced deafness will not ordinarily grow worse; if anything it will get better. See R.T. Sataloff & J. Sataloff, Occupational Hearing Loss 357 (1987). Moreover, unlike asbestosis, the symptoms of deafness occur simultaneously with the 'disease.' In other words, to say that a worker is '84.4% deaf' is to say that he has lost 84.4% of his hearing. If he does not notice his deafness, and does not file a claim until long after retirement, that fact does not mean he is not deaf; it does not mean he has no deafness symptom; rather, it means he may have grown accustomed to his deafness, which is quite a different matter.”

   1 later decision quote this exact passage
   e.g. Bath Iron Works Corp. v. Director, Office of Workers' Compensation Programs

2. “one would normally say that deafness is a disease that causes its symptoms, namely loss of hearing, simultaneously with its occurrence. One simply cannot say that a person suffering from deafness is not deaf—whether or not he notices how deaf he is.”

   1 later decision quote this exact passage
   e.g. Bath Iron Works Corp. v. Director, Office of Workers' Compensation Programs

3. “an occupational disease which does not immediately result in death or disability,”

   1 later decision quote this exact passage
   e.g. Bath Iron Works Corp. v. Director, Office of Workers' Compensation Programs