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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Price v. Astrue

Plaintiff Mary Price challenged the denial of Supplemental Security Income benefits for her infant grandson, A.N., by the Commissioner of Social Security. The court determined that the Administrative Law Judge (ALJ) failed to fulfill her duty to develop the administrative record by neglecting to obtain medical records from A.N.'s treating psychiatrist and doctor, despite having identifying information. Furthermore, the ALJ did not secure complete educational records or address inconsistencies in the existing ones. Consequently, the court denied the Commissioner's motion for judgment on the pleadings, partially granting the plaintiff's motion to remand the case for further evidence development, while denying the request for reassignment to a different ALJ.

Social Security BenefitsSupplemental Security IncomeChild DisabilityADHD DiagnosisAdministrative RecordJudicial ReviewRemand for Further ProceedingsTreating Physician RuleMedical EvidenceEducational Records
References
23
Case No. MISSING
Regular Panel Decision

Sanchez v. Barnhart

Antonia Sanchez sought review of a final determination by the Commissioner of Social Security denying her claims for Supplemental Security Income (SSI) benefits. The District Court identified two key issues: the Administrative Law Judge's (ALJ) failure to fully develop the record regarding Sanchez's fibromyalgia diagnosis from the Hospital for Joint Diseases (HJD), and errors made by the vocational expert in identifying available employment opportunities due to inconsistencies with the Dictionary of Occupational Titles. The ALJ had failed to pursue HJD medical records after a subpoena went unanswered, despite Sanchez appearing pro se and with a language barrier, thus violating the heightened duty to develop the record. Additionally, the vocational expert incorrectly categorized certain jobs as light-exertional when the DOT defined them as medium. Consequently, the Court granted Sanchez's motion to remand the case to the Commissioner for further proceedings, denying the Commissioner's cross-motion.

Social Security BenefitsDisability ClaimsALJ Duty to Develop RecordVocational Expert TestimonyFibromyalgia DiagnosisPro Se ClaimantMedical EvidenceRemand for Further ProceedingsSSI Benefits ReviewDictionary of Occupational Titles
References
26
Case No. 10-09-00231-CV
Regular Panel Decision
Jul 21, 2010

Jaime Ibarra and Maria Ibarra Torres v. the Hines Land Group, LTD., A.W. Hines, Kelly King Hines, Ricky D. Hines, Individually and D/B/A Hines Development Corporation, Hines Development, LTD., and Hines Development Management, LLC

Jaime Ibarra, an employee of Moss Concrete Construction Co., Inc., was injured when a dirt wall collapsed while he was repairing a leak in a man-made lake at the Pecan Valley Ranch subdivision, developed by The Hines Land Group. Ibarra and Maria Ibarra Torres sued the Hines Appellees, alleging various causes of action including negligence, premises liability, negligent hiring, and negligent undertaking. The trial court granted the Hines Appellees' motions for summary judgment. On appeal, the Court of Appeals affirmed the trial court's judgment, finding that the Hines Appellees owed no duty to Ibarra as they did not retain or exercise control over the excavation work, the trench was an open and obvious defect created by the independent contractors, and negligent hiring claims do not apply to independent contractors' employees.

Personal InjurySummary Judgment AppealPremises LiabilityNegligence ClaimsIndependent Contractor LiabilityDuty of CareAppellate Court DecisionTexas Civil ProcedureConstruction Site InjuryGross Negligence
References
50
Case No. 01-04-00096-CV
Regular Panel Decision
Aug 03, 2006

Heritage Housing Development, Inc., F/K/A Heritage Geriatric Housing Development, Inc. Heritage Geriatric Housing Development Viii, Inc. v. Velma Carr, as Heir at Law and Representative of the Estate of Raymond Carr

Velma Carr brought a survival action against Heritage Geriatric Housing Development VIII, Inc. d/b/a Heritage Sam Houston Gardens ("Houston Gardens") and its parent corporation, Heritage Housing Development, Inc. f/k/a Heritage Geriatric Housing Development, Inc. ("HHD"), for negligent nursing home care of her deceased husband, Raymond Carr. A jury found both corporate entities and employees negligent. The Court of Appeals reversed the judgment against HHD, finding legally insufficient evidence to support vicarious liability against the parent corporation because it did not control the details of patient care. However, the court found legally sufficient evidence to support the negligence claim against Houston Gardens. Due to the potential impact of HHD's inclusion on the jury's apportionment of liability and damages, the case was remanded for a new trial on the negligence claim against Houston Gardens.

Nursing Home NegligenceVicarious LiabilityRespondeat SuperiorLegal Sufficiency of EvidenceParent Company LiabilityCorporate ControlNegligent CareTexas Court of AppealsRemand for New TrialMedical Malpractice
References
22
Case No. MISSING
Regular Panel Decision

Batista v. Chater

Plaintiff Manuel Batista challenged a final determination by the Commissioner of Social Security, which denied his applications for disability insurance benefits and Supplemental Security Income due to disability. District Judge Sotomayor denied both parties' motions for judgment on the pleadings, remanding the case for reconsideration. The court found that the Administrative Law Judge (ALJ) failed in several respects, including not fully developing the plaintiff's psychiatric record, misinterpreting medical expert testimony regarding psychiatric impairments, and failing to obtain complete medical histories from treating physicians. The decision emphasized the ALJ's heightened duty to develop the record for pro se claimants and the improper application of Medical-Vocational Guidelines when significant nonexertional impairments exist. Consequently, the case is remanded to the Commissioner for reconsideration consistent with this Opinion and Order.

Disability BenefitsSupplemental Security Income (SSI)Social Security ActAdministrative Law JudgeJudicial ReviewRemandPsychiatric ImpairmentDepressionAnxietyMedical Record Development
References
29
Case No. MISSING
Regular Panel Decision
Jan 08, 2014

Claim of Angela Page v. Liberty Central School District

The claimant, a school librarian, sought workers' compensation benefits in July 2004 for a disability from toxic mold exposure, leading to an established claim for hypersensitivity and awards for temporary total disability. In 2006, the claim was amended to include multiple chemical sensitivity, and awards for marked disability continued. A Workers’ Compensation Law Judge (WCLJ) later classified the claimant with a permanent total disability in March 2010, but the Workers' Compensation Board rescinded this finding and referred the matter to an impartial medical specialist, Theodore Them. Them testified that multiple chemical sensitivity is not a medically recognized condition and that the claimant had no causally-related disability, which the Board credited in its December 2012 decision, finding no further causally-related disability and closing the case. The claimant's subsequent appeal of this decision was not perfected, and an application for reconsideration was denied. An April 2013 WCLJ decision to further develop the record on disability was challenged by the employer, who argued the December 2012 Board decision had resolved the issue. The Board panel agreed with the employer in January 2014, precluding further development of the record, a decision which this Court affirmed on appeal, stating the issue of causally-related disability had been decided and the claimant's remedy was a timely appeal of the prior Board decision.

References
2
Case No. ADJ10255057
Regular
Nov 30, 2020

GREGG VIDEGAIN vs. NANCY MARKWELL dba MARKWELL FARMS, THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS

The Workers' Compensation Appeals Board granted reconsideration of a prior award because the Administrative Law Judge (ALJ) erred by not fully developing the record regarding the applicant's temporary disability. There are significant gaps in medical reporting from the primary treating physician concerning the applicant's disability status. The Board rescinded the ALJ's decision and returned the matter for further proceedings to clarify these reporting gaps and a specific date of disability mentioned in a physician's report. The Board emphasized its duty to ensure substantial justice and further develop undeveloped matters.

Uninsured Employers Benefits Trust FundTemporary Disability IndemnityPrimary Treating PhysicianProgress ReportDevelopment of RecordExecutive Order N-68-20Permanent and Stationary DateMedical Treatment StipulationReconsideration PetitionAdjudication Number
References
3
Case No. 03-01-00400-CV
Regular Panel Decision
Apr 11, 2002

Richard Wallace Pearce and Jesse Ray Blann v. City of Round Rock Round Rock Development Review Board Frank Del Castillo, in His Capacity as Member of the Round Rock Development Review Board Terry Hagood, in His Capacity as Member of the Round Rock Development Review Board

Appellants Richard Wallace Pearce and Jesse Ray Blann appealed the district court's judgment affirming the Round Rock Development Review Board's denial of their permit applications for seven outdoor advertising structures. The core issue was whether the structures qualified as 'signs' and were entitled to non-conforming use status under the City's ordinance, which became effective February 27, 1997. The Court of Appeals held that four of the structures were 'signs' due to having a surface capable of displaying text, despite not yet having advertising affixed, and were therefore entitled to non-conforming use. The court reversed and remanded the Board's decisions regarding these four structures. However, it affirmed the district court's judgment for the remaining three structures, which lacked such a surface, and also upheld the constitutionality of the City's sign ordinance against a takings claim.

ZoningOutdoor AdvertisingNon-conforming UsePermit DenialExtraterritorial JurisdictionAbuse of DiscretionStatutory InterpretationMunicipal OrdinanceTexas Court of AppealsProperty Rights
References
30
Case No. MISSING
Regular Panel Decision
Jul 23, 2010

Mezzacappa v. Astrue

Plaintiff Anthony Mezzacappa challenged the denial of Social Security Disability Insurance Benefits by the Commissioner of Social Security. Mezzacappa claimed disability due to chronic pain from work-related injuries to his back, knees, and right shoulder, stemming from his employment with the New York City Department of Transportation. An Administrative Law Judge (ALJ) denied benefits, a decision affirmed by the Appeals Council, prompting Mezzacappa's motion for judgment on the pleadings. The Court found that the ALJ failed in its duty to fully develop the administrative record by not obtaining a comprehensive residual functional capacity assessment from Mezzacappa's long-time treating physician. Consequently, the Court denied the Commissioner's motion, granted Mezzacappa's motion, and remanded the case for further proceedings consistent with the opinion, particularly emphasizing the need for a complete medical record.

Disability Insurance BenefitsSocial Security ActALJ Decision ReviewResidual Functional CapacityTreating Physician RuleMedical EvidenceConsultative ExaminationLumbo-sacral SpineKnee Meniscal TearsShoulder Arthroscopic Surgery
References
80
Case No. MISSING
Regular Panel Decision

Gibson v. Barnhart

Plaintiff Bonnie L. Gibson sought Social Security Disability Insurance (SSDI) benefits after injuring her back in 1993, alleging various disabling conditions like cervical cancer, osteoarthritis, low back pain, and degenerative disc disease. Her applications were denied both initially and on reconsideration, and subsequently by an Administrative Law Judge (ALJ). Following the Appeals Council's denial of her request for review, Gibson commenced this action to challenge the Commissioner of Social Security's final determination. The court found that the ALJ failed in his affirmative obligation to develop the administrative record, noting significant gaps in the plaintiff's medical treatment records from 1994 to 1998 and the absence of her workers' compensation files. Due to this incomplete record, the court could not make a determination regarding her disability status. Therefore, the court denied the Commissioner's motion for judgment on the pleadings and granted the plaintiff's motion for remand, sending the case back for further development of the administrative record.

SSDISocial SecurityDisability BenefitsAdministrative RecordRemandALJMedical EvidenceWorkers' CompensationBack InjuryOsteoarthritis
References
8
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