disability challenge (Iowa) · Go Syfert
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disability challenge in Iowa

5 Iowa opinions name it 2 courts 1958–2022 2 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Moon v. BD. OF TRUSTEES MUN. FIRE & POL.green
iowa · 1996 · cited in 2 Iowa opinions naming this issue, 2022–2022
2 sentences

2022The dissent relies heavily on Moon v. Board of Trustees of Municipal Fire & Police Retirement System of Iowa, in which we applied Dunlavey’s causation test to a disability claim by a police officer seeking benefits under Iowa Code chapter 411. 548 N.W.2d 565, 568 (Iowa 1996).

2022The dissent relies heavily on Moon v. Board of Trustees of Municipal Fire & Police Retirement System of Iowa, in which we applied Dunlavey’s causation test to a disability claim by a police officer seeking benefits under Iowa Code chapter 411. 548 N.W.2d 565, 568 (Iowa 1996).

22
Terrell v. Austin Bridge Co.green
arkctapp · 1983 · cited in 1 Iowa opinions naming this issue, 1997–1997
1 sentence

1997App. 1 , 660 S.W.2d 941, 943 (1983); Saums v. Raleigh Community Hosp., 487 S.E.2d 746 , *19 750 (N.C.1997); see also 4 Arthur Larson, Larson’s Workers’ Compensation Law §§ 57.21, 57.34 at 10-121,10-239 to 10-245 (1997) (stating the ultimate objective of the disability test is to determine the wage that would have been paid in the open market under normal employment conditions to claimant as injured).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Saums v. Raleigh Community Hospital green
nc · 1997
1 sentence

1997App. 1 , 660 S.W.2d 941, 943 (1983); Saums v. Raleigh Community Hosp., 487 S.E.2d 746 , *19 750 (N.C.1997); see also 4 Arthur Larson, Larson’s Workers’ Compensation Law §§ 57.21, 57.34 at 10-121,10-239 to 10-245 (1997) (stating the ultimate objective of the disability test is to determine the wage that would have been paid in the open market under normal employment conditions to claimant as injured).

11997–1997
Harris v. New York green
scotus · 1971
2 sentences

1985Such an extension of the Weeks doctrine would be a perversion of the Fourth Amendment. “[T]here is hardly justification for letting the defendant affirmatively resort to perjurious testimony in reliance on the Government’s disability to challenge his credibility.” 401 U.S. at 224 , [ 91 S.Ct. at 645 ] 28 L.Ed.2d at 4 .

1985Such an extension of the Weeks doctrine would be a perversion of the Fourth Amendment. “[T]here is hardly justification for letting the defendant affirmatively resort to perjurious testimony in reliance on the Government’s disability to challenge his credibility.” 401 U.S. at 224 , [ 91 S.Ct. at 645 ] 28 L.Ed.2d at 4 .

11985–1985
Lyon v. Railway Passenger Assurance Co. green
iowa · 1877
1 sentence

1958Co., 46 Iowa 631 , perhaps the leading ease in the country upholding the literal meaning of such a disability clause.

11958–1958
Hurley v. Bankers Life Co. green
iowa · 1924
1 sentence

1958It is apparent from Hurley v. Bankers Life Co., 198 Iowa 1129 , 199 N.W. 343 , 37 A. L.

11958–1958

Statutes the citing opinions construe

IA § Iowa Code § 17A.19 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 36 (1917–2025) NY 34 (1935–2025) WA 31 (1929–2015) CA 25 (1930–2025) OH 23 (1930–2026) DC 19 (1956–2026) PA 18 (1938–2025) MS 14 (1932–2006) LA 13 (1937–2015) AR 13 (1933–2023) MD 12 (1945–2011) MI 12 (1914–2013) NJ 12 (1935–2017) GA 12 (1932–2007) FL 11 (1935–2013) TX 11 (1925–2021) MO 11 (1930–2023) CO 10 (1961–2021) KS 10 (1932–2008) OK 8 (1919–2003) NC 8 (1950–2020) IN 8 (1971–2019) RI 8 (1989–2011) SC 7 (1927–2017) WV 7 (1933–1985) KY 7 (1935–2024) TN 7 (1930–2006) OR 6 (1960–2004) AL 6 (1929–1994) NE 5 (1923–2016) CT 5 (1991–2004) IA 5 (1958–2022) MT 4 (1984–2000) WI 4 (1978–2012) VA 4 (1977–1996) MN 3 (1983–1989) MA 3 (1943–2007) NM 3 (1954–2005) ND 3 (1971–2009) UT 3 (1931–2021) AZ 3 (1990–2012) ME 3 (1996–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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