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

Case No. 06-11-00094-CV
Regular Panel Decision
Jan 13, 2012

Christopher Castleberry v. New Hampshire Insurance Company

Christopher Castleberry appealed the dismissal of his case against New Hampshire Insurance Company. Castleberry sustained a work-related back injury in 2009, for which he received worker's compensation benefits. The insurer later contested coverage for medications for depression, chronic pain syndrome, chronic myofascial pain, and erectile dysfunction. The Division of Workers’ Compensation Review Board ruled that the compensable injury did not extend to these ailments. Castleberry sought judicial review, but the trial court granted the insurer's plea to the jurisdiction and dismissed the entire suit. The appellate court affirmed the dismissal of claims for depression, chronic pain syndrome, or myofascial pain syndrome, but reversed the judgment concerning the claim for medication for erectile dysfunction, remanding that issue for further proceedings.

Workers' CompensationJudicial ReviewPlea to JurisdictionAdministrative RemediesMedical BenefitsErectile DysfunctionChronic PainDepressionMyofascial PainAppellate Court
References
3
Case No. 06-11-00094-CV
Regular Panel Decision
Jan 13, 2012

Clyde Washington v. State

Christopher Castleberry appealed the dismissal of his case against New Hampshire Insurance Company, concerning a dispute over workers' compensation benefits for prescribed medications. Castleberry suffered a work-related back injury in 2009. The insurer later contested medications for depression, chronic pain syndrome, chronic myofascial pain, and erectile dysfunction. The Division of Workers' Compensation Review Board ruled against Castleberry regarding these ailments. The trial court subsequently granted the insurer's plea to the jurisdiction and dismissed the entire suit. The appellate court affirmed the dismissal of claims related to depression, chronic pain, and myofascial pain due to a lack of exhausted administrative remedies. However, it reversed and remanded the claim for erectile dysfunction medication, finding that the trial court improperly dismissed this issue, for which jurisdiction existed.

Workers' CompensationJurisdictionPlea to the JurisdictionAdministrative ReviewMedical BenefitsErectile DysfunctionChronic PainDepressionRemandAppellate Procedure
References
15
Case No. MISSING
Regular Panel Decision

Scodary v. Serritella

Claimant established a work-related neck and left arm injury, receiving workers’ compensation benefits for a brief period in December 2003. Her employment was terminated in January 2004, leading to new issues regarding further causally related disability, consequential depression, and withdrawal from the labor market. Both a Workers’ Compensation Law Judge and the Workers’ Compensation Board denied her claim for consequential depression, asserting that her psychologist's treatment lacked the required referral from an authorized physician under Workers’ Compensation Law § 13-m (2) (a). The appellate court ruled this exclusion of evidence was an error, stating the statute does not create an evidentiary barrier to a psychologist's testimony and records, even without a physician referral. Consequently, the court modified the Board's decision, reversing the exclusion of evidence for consequential depression, and remitted the case for further proceedings.

Workers' Compensation BenefitsConsequential DepressionPsychologist TestimonyReferral RequirementEvidentiary StandardsCausally Related DisabilityLoss of EarningsAppellate ReviewRemittalMedical Evidence Admissibility
References
3
Case No. MISSING
Regular Panel Decision
Apr 09, 2009

Claim of Smith v. Cornell University

Decedent, a painter, suffered work-related injuries in 2000 and 2001, leading to a workers’ compensation claim established for consequential depression. In 2007, he committed suicide. His wife, the claimant, sought death benefits, arguing the suicide stemmed from his work injuries, chronic pain, and depression. The Workers’ Compensation Board affirmed the claim, finding substantial medical evidence from the treating psychiatrist and an independent medical examiner supported a causal link between the 2001 accident, subsequent depression, and suicide. The Board also concluded that a compensable accident only needs to be a contributing cause to a mental injury, thus affirming the causal relationship despite other potential factors.

SuicideDepressionWork-related injuryCausationDeath benefitsWorkers' Compensation LawChronic painMental healthMedical evidenceAppellate review
References
5
Case No. MISSING
Regular Panel Decision
Dec 14, 2010

Francis v. Jewelry Box Corp. of America

Claimant sustained a work-related crush injury to his right hand in 1987 and was granted a lump-sum nonschedule adjustment in 1993, closing his case. He subsequently sought to reopen his claim, submitting a psychologist's report alleging total disability due to chronic major depression, posttraumatic stress disorder, and chronic pain disorder stemming from the original accident. The Workers’ Compensation Board denied his application, citing his prior waiver of the right to establish a psychiatric injury and insufficient proof of an unanticipated change in his established condition. The Appellate Division affirmed the Board's decision, concluding that the claimant failed to demonstrate an unanticipated change in his medical condition that would warrant reopening the claim, especially given his prior waiver regarding psychiatric injury.

Workers' CompensationPermanent Partial DisabilityLump-Sum SettlementReopening ClaimPsychiatric InjuryWaiver of RightsChange in ConditionWorkers' Compensation BoardAppellate DivisionAffirmed Decision
References
2
Case No. MISSING
Regular Panel Decision
Nov 17, 1977

Daigneault v. Allegheny Ludlum Steel Corp.

The Workers’ Compensation Board found that the claimant developed chronic bronchitis precipitating emphysema, which was causally related to their employment due to exposure to irritating factors, leading to disability. This decision, filed on November 17, 1977, was appealed. The appellate court affirmed the board's determination, concluding that there was substantial medical evidence to support the finding. Costs were awarded to the Workers’ Compensation Board against the self-insured employer.

Chronic BronchitisEmphysemaCausally Related EmploymentDisabilityMedical EvidenceWorkers' Compensation AppealSelf-Insured EmployerBoard Decision
References
1
Case No. 11-05-00417-CV
Regular Panel Decision
Jan 04, 2008

State Office of Risk Management v. Belinda Baker

This workers' compensation case involves the State Office of Risk Management (SORM) appealing an award to Belinda Baker for depression, which she claimed resulted from a work fall. The Texas Workers' Compensation Commission found her injury extended to include depression. SORM sought judicial review. The trial court granted Baker's motion for a directed verdict, concluding SORM failed to present evidence that Baker's injury did not cause her depression recurrence. The appellate court found that SORM did create fact issues regarding the extension of the injury to include depression. The court identified ample evidence of other potential stressors contributing to Baker's depression recurrence, such as marital issues, family illness, and a long history of recurrent major depressive disorder predating the work injury. Therefore, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

Workers CompensationDepressionMental HealthPreexisting ConditionDirected VerdictAppellate ReviewCausationMedical EvidenceTexas LawRelapse
References
7
Case No. MISSING
Regular Panel Decision
Jul 25, 2001

Claim of Multari v. Keenan Oil Co.

The claimant appealed a Workers' Compensation Board decision from July 25, 2001, which found that a section 32 waiver agreement included his major depression condition. The claimant had settled two compensation cases from 1972 and 1994 for $93,000, closing both. He later argued the agreement failed to cover his major depression, established in 1996 in conjunction with the 1994 accident. The Board affirmed its jurisdiction and rejected the claimant's contention that the major depression was excluded. The appellate court agreed the Board had jurisdiction to determine if a condition was included in a section 32 agreement. On the merits, the court found the Board correctly concluded the major depression condition was subsumed in the settlement, citing the agreement's unequivocal terms and the claimant's hearing testimony. The agreement stated cases could not be reopened "for any purpose whatsoever" and permanently discontinued weekly benefits that included compensation for depression.

Workers' CompensationSettlement AgreementWaiver AgreementMajor DepressionPsychiatric ConditionJurisdictionSection 32 AgreementAppealBoard ReviewScope of Agreement
References
4
Case No. MISSING
Regular Panel Decision

Klett v. Barnhart

Plaintiff Christopher Klett sought judicial review of a decision by the Commissioner of the Social Security Administration denying his claim for Children's Insurance Benefits. Klett argued he was disabled before age 22 due to Tourette's Syndrome and chronic depression. The Administrative Law Judge (ALJ) rejected Klett's claim, finding that while retrospective medical diagnoses supported his disability, they were contradicted by compelling non-medical evidence such as Klett's college graduation with a B+ average and a professor's recommendation. The District Court affirmed the Commissioner's decision, concluding that the ALJ's denial was supported by substantial evidence. Consequently, Klett's motion for judgment on the pleadings was denied, and the Commissioner's cross-motion was granted.

Social Security ActChildren's Insurance BenefitsDisability ClaimTourette's SyndromeChronic DepressionAdministrative Law Judge (ALJ)Retrospective DiagnosisSubstantial Evidence ReviewMedical EvidenceNon-Medical Evidence
References
13
Case No. MISSING
Regular Panel Decision

Rackley v. County of Rensselaer

A caseworker employed by the Rensselaer County Department of Social Services filed a workers' compensation claim for mental stress, citing a heavy caseload as the cause. Initially, an Administrative Law Judge dismissed the claim, stating a lack of specific psychic trauma. However, the Workers' Compensation Board reversed this decision, finding that the claimant's chronic depression and disablement stemmed from their demanding work environment. The self-insured employer subsequently appealed the Board's determination. The court affirmed the Board's decision, clarifying that mental injury does not require a discrete psychic trauma and can arise from prolonged emotional stress, even if the underlying cause is common to similarly employed individuals.

Mental InjuryEmotional StressPsychic TraumaChronic DepressionWork-Related InjuryCaseloadWorkers' Compensation BoardAppealEmployer LiabilityMedical Testimony
References
10
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