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

Case No. MISSING
Regular Panel Decision

The Matter of Mariah Corrigan v. New York State Office of Children and Family Services

This case addresses whether a statutory procedure for early expungement of child abuse reports applies when parents are assigned to the Family Assessment Response (FAR) track under Social Services Law § 427-a, rather than undergoing a formal investigation. Petitioners sought to expunge records related to an educational neglect report handled via the FAR track, arguing for parity with the traditional investigative track which allows for early expungement of unfounded reports. The Supreme Court and Appellate Division both rejected this, holding that the legislature intentionally omitted such a provision in the FAR statute to maintain its non-adversarial, service-oriented approach. The Court of Appeals affirmed, emphasizing that statutory construction dictates that a legislative omission is intentional and that resolving policy concerns is a task for the legislature. The court further noted that petitioners' constitutional claim was not properly preserved for review.

Child abuseEducational neglectFamily Assessment Response (FAR)Social Services LawStatutory constructionLegislative intentExpungement of recordsAdministrative reviewAppellate practiceCPLR Article 78
References
8
Case No. 03-13-00077-CV
Regular Panel Decision
Feb 25, 2015

Texas State Board of Examiners of Marriage and Family Therapists Charles Horton in His Official Capacity Sandra DeSobe in Her Official Capacity, and Texas Association of Marriage // Cross-Appellant,Texas Medical Association v. Texas Medical Association// Texas State Board of Examiners of Marriage and Family Therapists Charles Horton in His Official Capacity Sandra DeSobe in Her Official Capacity, and Texas Association of Marriage

The amicus brief, submitted by The Association of Marital and Family Therapy Regulatory Boards (AMFTRB), urges the Third Court of Appeals to grant en banc reconsideration and reverse a panel's decision that found 22 TEX. ADMIN CODE §801.42(13) invalid. The brief argues that Licensed Marriage and Family Therapists (LMFTs) are fully qualified, trained, and tested to perform diagnostic assessments within their therapeutic role. It asserts that diagnosis alone, in the context of marriage and family therapy, does not constitute the practice of medicine under the Texas Medical Practice Act, and preventing LMFTs from performing these assessments would effectively prohibit their professional practice and create a shortage of mental health professionals in Texas. The AMFTRB also highlights that the legislature did not intend for LMFTs to be supervised by physicians and that the structure of the Occupations Code supports marriage and family therapy as a stand-alone profession. Additionally, the brief questions the qualification of the Texas Medical Association's expert witness due to prior ethical lapses.

Marriage and Family TherapyDiagnostic AssessmentMedical Practice ActOccupations CodeRegulatory BoardsLicensureScope of PracticeMental Health ServicesTexasAccreditation
References
9
Case No. MISSING
Regular Panel Decision

In re Rebecca X.

This case involves appeals from six Family Court orders that adjudicated Rebecca X., Carissa Y., and Brittany Y. as abused and/or neglected children. Brittany Y. accused the respondent (her mother's boyfriend) of sexual abuse, which was corroborated by medical examinations and social worker assessments despite attempts by her mother and the respondent to influence her statements. The Family Court found clear and convincing evidence of sexual abuse and derivative neglect for her sisters. The respondent was deemed a legally responsible person due to his cohabitation and disciplinary role. The appellate court affirmed all orders, concluding that Brittany's out-of-court statements were sufficiently corroborated, the respondent was properly identified as legally responsible, and the findings of derivative neglect were amply supported. Claims of ineffective assistance of counsel were also rejected.

Sexual abuseChild neglectCorroborated testimonyDerivative findingsParental dutyMedical evidenceWitness intimidationFamily Court proceedingsAppellant rightsAbuse adjudication
References
13
Case No. 2025 NYSlipOp 01801 [236 AD3d 1020]
Regular Panel Decision
Mar 26, 2025

Matter of Borgia v. SCO Family of Servs.

The case involves a dispute between the Roman Catholic Diocese of Brooklyn Workers' Compensation Trust (Trust) and SCO Family of Services (SCO) over an unpaid assessment. SCO, a former member of the Trust, was assessed $3.45 million for the Trust's deficit. After making partial payments, SCO sought to verify the assessment, leading the Trustees to initiate a proceeding to enforce an alternative dispute resolution provision. The Supreme Court dismissed the proceeding based on the statute of limitations. The Appellate Division reversed, finding a question of fact as to whether SCO's 2014 partial payment renewed the statute of limitations and whether an installment payment plan was agreed upon. The court also rejected SCO's public policy argument against the dispute resolution provision, remitting the matter for further proceedings.

Alternative Dispute ResolutionContract EnforcementStatute of LimitationsPartial PaymentWorkers' Compensation TrustGroup Self-InsuranceAppellate ReviewQuestion of FactInstallment PaymentsPublic Policy
References
16
Case No. MISSING
Regular Panel Decision

Texas State Board of Examiners v. Texas Medical Ass'n

The Texas Medical Association challenged a rule by the Texas State Board of Examiners of Marriage and Family Therapists that permits licensed marriage and family therapists (MFTs) to provide diagnostic assessments. The Medical Association argued that this rule is invalid because the Texas Occupations Code does not authorize MFTs to provide such assessments, reserving this authority primarily for medical licensees. The Therapists Board contended that their authorizing statute, the Texas Licensed Marriage and Family Therapists Act, permits evaluations which encompass diagnostic assessments, and that "diagnose" is a type of "evaluate" in this context. The Supreme Court of Texas agreed with the Therapists Board, concluding that the Therapists Act authorizes MFTs to provide diagnostic assessments as described in the rule, and the Medical Practice Act does not prohibit it. The Court reversed the court of appeals' judgment and rendered judgment that the rule is valid.

Marriage and Family TherapyDiagnostic AssessmentTexas Occupations CodeMedical Practice ActScope of PracticeStatutory InterpretationAdministrative LawProfessional LicensingMental Health DiagnosisRule Validity
References
42
Case No. MISSING
Regular Panel Decision

In re Commissioner of Social Services

The Commissioner of the Erie County Department of Social Services appealed an order by Family Court Judge John J. Honan. Judge Honan's order required the Commissioner to show cause why they should not be held in contempt and relieved of child protection responsibility, following an incident where a child in their custody was briefly abducted by her mother. The Commissioner's motion to vacate this show cause order was denied by the Family Court. On appeal, the higher court unanimously reversed the denial, finding no evidence of contempt against the Commissioner. The appellate court also clarified that Family Court lacks the authority to divest the Department of Social Services of its statutory responsibilities for child protection under the Social Services Law.

Child ProtectionSocial Services LawContempt of CourtShow Cause OrderJudicial AuthorityFamily Court JurisdictionAppellate ReviewChild AbductionFoster CareStatutory Interpretation
References
5
Case No. MISSING
Regular Panel Decision
Jul 02, 2020

Matter of St. Aubin v. Office of Children & Family Servs.

Claimant Roland St. Aubin sought workers' compensation benefits for right shoulder injuries sustained in 2003 and 2015 while employed by the Office of Children and Family Services. The initial 2003 claim for a scheduled loss of use (SLU) award was denied, with the employer successfully arguing a lack of causal connection. However, following a 2015 injury, a Workers' Compensation Law Judge (WCLJ) found a 50% SLU of the right arm but rejected the employer's request for apportionment with the prior noncompensable injury. The Workers' Compensation Board upheld this decision. The Appellate Division, Third Department, disagreed, determining that the Board erred by not assessing whether the 2003 injury, if compensable, would have resulted in an SLU finding for apportionment purposes and remitted the matter for further proceedings.

ApportionmentScheduled Loss of Use (SLU)CausationPrior InjuryRight Shoulder InjuryMedical EvidenceAdministrative AppealWorkers' Compensation BoardAppellate DivisionRemittal
References
11
Case No. 03-22-00420-CV
Regular Panel Decision
Mar 29, 2024

Stephanie Muth, in Her Official Capacity as Commissioner of the Texas Department of Family and Protective Services, and the Texas Department of Family and Protective Services v. PFLAG, Inc. and Adam Briggle and Amber Briggle, Individually and as Parents and Next Friends of M.B., a Minor

This appeal concerns temporary injunctions issued against the Texas Department of Family and Protective Services (DFPS) and its Commissioner. The injunctions prevent DFPS from investigating parents for child abuse solely based on providing gender-affirming medical care to minors, a policy adopted following an Attorney General opinion and Governor's directive. The Court affirmed the injunctions, finding that the appellees (families with transgender children and PFLAG, Inc.) had standing, their claims were ripe and not moot, and sovereign immunity was waived. The court concluded that DFPS's policy constituted an invalid rule under the Administrative Procedure Act, adopted without proper procedures, and interfered with fundamental parental and children's constitutional rights.

Gender-affirming careChild abuse investigationAdministrative Procedure ActParental rightsConstitutional rightsStandingRipenessMootnessSovereign immunityTexas law
References
28
Case No. MISSING
Regular Panel Decision

Gulf Shores Council of Co-Owners, Inc. v. Raul Cantu No. 3 Family Ltd. Partnership

The Fourth Court of Appeals reversed a trial court's judgment concerning a dispute between the Gulf Shores Council of Co-Owners, Inc., and the Raul S. Cantu No. 3 Family Limited Partnership. The core issue was the Council's right to levy fees on unit owners who rented outside the designated rent pool and to prohibit the use of independent leasing agents. The trial court had ruled these actions unenforceable and awarded damages for tortious interference. However, the appellate court found that the Council's fees and prohibitions were reasonable and justified under the condominium's Declaration and Bylaws, and that they had a legal right to interfere with the Partnership's contracts. Consequently, the appellate court reversed the damages awarded to the Partnership and rendered judgment in favor of the Council for unpaid assessments and attorney fees.

Condominium LawProperty RightsRental ManagementHomeowners AssociationTortious InterferenceContract LawAppellate ReviewDeclaratory JudgmentUnpaid AssessmentsAttorney Fees
References
20
Case No. 03-22-00126-CV
Regular Panel Decision
Mar 29, 2024

Greg Abbott in His Official Capacity as Governor of the State of Texas, Stephanie Muth in Her Official Capacity of Commissioner of the Department of Family and Protective Services, and the Texas Department of Family and Protective Services v. Jane Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor John Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor And Dr. Megan Mooney

This case involves an appeal concerning a temporary injunction against the State of Texas for issuing a directive that classifies gender-affirming medical care for minors as child abuse. Appellees, including parents of a transgender adolescent and a psychologist, sued to enjoin the State from initiating child abuse investigations based on this directive. The trial court denied the State's plea to the jurisdiction and granted a temporary injunction. The Court of Appeals affirmed the denial of jurisdiction and the injunction against the Department of Family and Protective Services and its Commissioner, concluding that the directive constituted an invalid rule under the APA and caused irreparable harm. However, it reversed the denial of jurisdiction and dismissed claims against the Governor, stating he lacked authority to control investigatory decisions.

Gender-affirming careChild abuse policyTemporary injunctionAdministrative Procedure ActUltra viresParental rightsEqual protectionDue processState government authorityJudicial review
References
62
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