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Case Law Database

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

Case No. 03-21-00120-CV
Regular Panel Decision
Feb 24, 2022

Brian Manley, Chief of Austin Police Department Brian Manley, Individually Commander Mark Spangler, Austin Police Department Lt. Jerry Bauzon, Austin Police Department Officer Benjamin Bloodworth, Austin Police Department Officer Collin Fallon, Austin Police Department Sgt. Eric Kilcollins, Training Coordinator, Austin Police Academy And Officer Shand, Lead Instructor, Stress Reaction Training, Austin Police Academy v. Christopher Wise

Christopher Wise, a former Austin Police Academy cadet, sued Brian Manley (APD Chief) and six other APD officers after sustaining severe injuries, including heat exhaustion and stroke, during a stress reaction training in October 2018. Wise alleged that officers intentionally discouraged cadets from hydrating despite high temperatures and failed to provide timely medical aid. The defendants sought dismissal under the Texas Tort Claims Act's election-of-remedies provisions. The district court dismissed claims against the City of Austin and APD but not against the individual officers. The appellate court reversed the district court's decision, ruling that Wise's claims against the individual officers were based on conduct within the scope of their employment and could have been brought under the TTCA, thus mandating their dismissal.

Texas Tort Claims ActGovernmental ImmunityElection of RemediesScope of EmploymentPolice MisconductCadet InjuryHeat IllnessSupervisor NegligenceAppellate CourtReversal
References
25
Case No. MISSING
Regular Panel Decision
May 11, 1955

Bailey v. American General Insurance Company

The petitioner, Emery Eugene Bailey, a workman, suffered a disabling neurosis ('anxiety reaction' or 'anxiety state') after witnessing a co-worker's death and narrowly escaping himself. Although his physical injuries were minor, the psychic trauma rendered him unable to perform his work as an iron worker. The Court of Civil Appeals initially reversed a judgment in his favor, ruling his disability was not an 'injury' under the Workmen’s Compensation Statute. However, this court reversed that decision, holding that 'harm to the physical structure of the body' includes impairment of use or control of physical structures, even without direct organic damage, and remanded the case for further proceedings consistent with this opinion.

Workers' CompensationPsychic TraumaNeurosisAnxiety StatePhysical Injury InterpretationStatutory ConstructionCausationDisabilityEmotional DistressLegal Precedent
References
11
Case No. 534608
Regular Panel Decision
Jul 20, 2023

Matter of Brown v. New York City Tr. Auth.

Claimant Tracey Brown, a cleaner, sought workers' compensation benefits for anxiety and depression, attributing them to COVID-19 exposure and inadequate safety measures at the New York City Transit Authority. Despite a prior anxiety history, claimant contended her condition re-emerged after a May 2020 anxiety attack, preventing her return to work. Psychologist Eli Isaacson diagnosed a causally-related anxiety and major depressive disorder. However, a Workers' Compensation Law Judge (WCLJ) and subsequently the Workers' Compensation Board disallowed the claim, citing a lack of credible medical evidence linking the psychological condition to employment. The Appellate Division affirmed this decision, concurring that Isaacson's opinion lacked credibility due to its failure to consider claimant's prior anxiety treatment and anxiety experienced outside of work.

Workers' CompensationPsychological InjuryAnxiety DisorderMajor Depressive DisorderCausationMedical EvidenceCOVID-19 ExposureAppellate ReviewCredibilitySelf-insured Employer
References
6
Case No. MISSING
Regular Panel Decision

In re the Claim of Ottomanelli v. Ottomanelli

The case concerns an appeal from a Workers' Compensation Board decision that found a causal relationship between a claimant's work as a butcher and his psychiatric disability (acute anxiety and depression). The employer did not dispute the claimant's suffering, only whether the work pressure was the cause. The Board, reversing a referee's "no causal relationship" finding, relied on the testimony of Dr. Kiev and the claimant. The Appellate Division affirmed the Board's decision, reiterating that depressive reactions triggered by work can constitute an industrial accident and that such an accident can arise from prolonged unusual circumstances. The court emphasized that the causal relationship is a question of fact for the Board, and its decision was supported by substantial evidence.

Workers' CompensationPsychiatric DisabilityCausal RelationshipIndustrial AccidentJob PressureDepressive ReactionsAppellate ReviewSubstantial EvidenceBoard DecisionMedical Testimony
References
4
Case No. MISSING
Regular Panel Decision

Mayes v. Fidelity

This worker's compensation appeal addresses whether mental disturbance resulting from business stress is a compensable injury. The plaintiff, H.E. Mayes, experienced severe business and personal difficulties, leading to an acute anxiety reaction. The trial court initially awarded Mayes temporary total disability and permanent partial disability. However, the appellate court reversed this decision, arguing that the stress experienced by Mayes fell within the usual challenges of running a contracting business and did not constitute an 'injury by accident' under worker's compensation law, as interpreted in prior cases like Jose v. Equifax, Inc. The court emphasized that worker's compensation should not be as broad as general health and accident insurance.

worker's compensationmental healthbusiness stressacute anxietycompensable injuryinjury by accidentoccupational diseaseappellate reviewreversalstress and strain
References
3
Case No. MISSING
Regular Panel Decision

Claim of Velazquez v. Triborough Bridge & Tunnel Authority

This case involves an appeal from an amended decision by the Workers’ Compensation Board. The Board found that the claimant, suffering from a nondisabling mental condition, experienced anxiety and depression due to continuous workplace stress stemming from negative reactions to his religious beliefs and mental illness history. An accident was deemed to have occurred on May 30, 1985, when his involuntary leave for alleged mental unfitness aggravated his condition to the point of inability to work. The employer challenged whether a medical leave of absence could constitute an accident under Workers' Compensation Law. The court affirmed the Board's decision, emphasizing that mental injuries caused by psychic trauma or extended emotional stress are compensable, and found substantial evidence, though not compelling, to support the Board's findings.

Workers' CompensationMental InjuryPsychic TraumaWorkplace StressReligious BeliefsMental IllnessInvoluntary LeaveAccidentCompensabilitySubstantial Evidence
References
7
Case No. MISSING
Regular Panel Decision

Jasmine v. Rainbow Grill

In 1976, the claimant sustained a hand injury, which later led to a diagnosed traumatic depression-anxiety reaction. The Workers' Compensation Board initially awarded weekly benefits, but the employer suspended payments in 1982 after the claimant allegedly failed to attend a psychiatric examination by Dr. Peter Aldin. The Board subsequently reversed a directive for a new psychiatrist, upheld the suspension of all payments including those for the hand injury, and closed the case due to the claimant's non-cooperation. This appeal resulted in a modification of the Board's decision, affirming the suspension of psychiatric treatment payments but reinstating disability payments for the uncontroverted hand injury. The court also denied a 20% penalty against the employer, finding their initial suspension of benefits was in good-faith reliance on the Board's determination.

Workers' Compensation BoardDisability BenefitsMedical Evaluation RefusalPsychiatric ConditionHand InjuryPayment SuspensionStatutory ComplianceAppellate ReviewBoard DiscretionPenalty Denial
References
4
Case No. MISSING
Regular Panel Decision

Clayton v. Employers Mutual Liability Insurance Co. of Wisconsin

Regonald T. Clayton, the plaintiff-appellant, sought total and permanent disability benefits after an on-the-job eye injury led to its removal. He claimed general injuries including neurosis and central nervous system damage, arguing these were compensable under workmen’s compensation law. The defendant-appellee, Employers Mutual Liability Insurance Company of Wisconsin, contested these additional claims, asserting only the eye loss was compensable. The trial court ruled in favor of the defendant, limiting benefits to the specific eye injury. On appeal, the court reviewed evidence, including psychiatric testimony confirming a severe chronic anxiety reaction and injury to the central nervous system. The appellate court found sufficient probative evidence to support the plaintiff's general injury theories, emphasizing that neurosis causing physical disability is compensable in Texas. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial.

Workers' CompensationEye InjuryNeurosisCentral Nervous System InjuryTraumatic NeurosisTotal Permanent DisabilityAppellate ReviewReversed and RemandedMedical Expert TestimonyEvidentiary Issues
References
5
Case No. 534559
Regular Panel Decision
Feb 16, 2023

In the Matter of the Claim of Tayna Bond

Claimant, a nurse, sought workers' compensation benefits for injuries sustained in an assault. The Workers' Compensation Law Judge initially established claims for head and neck injuries but found no causal relationship for anxiety and a right shoulder injury. The Workers' Compensation Board modified this decision to include cephalgia but otherwise affirmed. Claimant appealed, challenging the Board's findings regarding causally-related anxiety, the right shoulder injury, and the degree of her temporary partial disability. The Appellate Division affirmed the Board's decision, concluding that substantial evidence supported the Board's findings that anxiety and the right shoulder injury were not causally related, and that her partial disability was 80%, not 100%.

Workers' CompensationAnxiety DisorderRight Shoulder InjuryCausal RelationshipDisability AssessmentNurse InjuryPatient AssaultMedical EvidenceConflicting Medical OpinionsAppellate Review
References
18
Case No. MISSING
Regular Panel Decision

Howard v. City of New York

Plaintiff Christopher Howard sued the New York City Police Department for wrongful termination, alleging disability discrimination under the ADA and NYCHRL due to anxiety and panic attacks. The defendants moved for summary judgment, contending Howard could not perform essential police duties and they reasonably believed he was predisposed to disabling anxiety. The court granted summary judgment, finding Howard failed to present admissible medical evidence to dispute the NYPD psychologist's conclusion that he was vulnerable to recurring anxiety. Additionally, the court dismissed Howard's NYCHRL claims as defendants met their burden, and his retaliation claims were abandoned due to lack of evidence. Claims against the NYPD were also dismissed, as it is a non-suable agency of the City.

Wrongful terminationDisability discriminationAmericans with Disabilities Act (ADA)New York City Human Rights Law (NYCHRL)Summary judgmentPolice officerFitness for dutyAnxiety disorderPanic attacksMedical diagnosis
References
25
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