CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision
Mar 22, 2004

Frankhauser v. Barnhart

Plaintiff Henry Frankhauser sought Social Security Disability and Supplemental Security Insurance benefits, alleging disability due to polysubstance abuse, depression, bipolar disorder, and personality disorder. Administrative Law Judges and the Appeals Council denied his claims, asserting that substance abuse was a material contributing factor. The court reviewed cross-motions for judgment on the pleadings. It found that the ALJ improperly relied on the medical expert's testimony and failed to consider the treating physician's rule or whether Plaintiff's mental conditions provided good reason for non-compliance with treatment. The court concluded that Plaintiff's underlying mental impairments would lead to disability regardless of substance abuse. Therefore, the court denied the Defendant's motion, granted the Plaintiff's cross-motion, and remanded the case for benefit calculation and payment.

Social Security DisabilitySupplemental Security IncomeBipolar DisorderPersonality DisorderSubstance AbuseMedical ExpertTreating Physician RuleAdministrative AppealMental Health ImpairmentVocational Limitations
References
22
Case No. MISSING
Regular Panel Decision

In re the Arbitration between New York State Office of Alcoholism & Substance Abuse Services & Ortiz

Victor Ortiz, an employee of New York State Office of Alcoholism and Substance Abuse Services (OASAS) and a member of PEF, was terminated for failing to maintain his required CASAC certification. OASAS did not follow the disciplinary procedures outlined in the collective bargaining agreement (CBA) between PEF and the state, asserting that his failure to maintain certification automatically disqualified him. Ortiz, represented by PEF, filed a grievance, arguing his termination violated articles 33 and 39 of the CBA. When OASAS and the Governor’s Office of Employee Relations maintained that the grievance process was inapplicable, respondents served a notice of intention to arbitrate. Petitioners sought to permanently stay arbitration in Supreme Court, but their petition was dismissed, and respondents' cross-motion to compel arbitration was granted. The appellate court affirmed the Supreme Court's decision, ruling that the dispute, concerning the interpretation and application of the CBA's disciplinary procedures, falls within the arbitration clause of article 34 of the CBA. The court emphasized that it is for an arbitrator to determine if article 33 of the CBA applies to terminations due to loss of required certification.

Public Sector EmploymentArbitrationCollective Bargaining AgreementEmployee TerminationProfessional CertificationDisciplinary ProcedureGrievance ProcessAppellate ReviewJudicial Review of ArbitrationStatutory Interpretation
References
6
Case No. 13-08-00269-CV
Regular Panel Decision
Oct 22, 2009

Luzelma Campos, Betty Jo Gonzalez, and Misty Valero v. Texas Department of Criminal Justice, Community Justice Assistance Division, Nueces County Substance Abuse Treatment Facility, Nueces County Community Supervision and Corrections, and Nueces County Adult Probation Department

Appellants Luzelma Campos, Betty Jo Gonzalez, and Misty Valero appealed the trial court's grant of a plea to the jurisdiction in favor of appellees, including the Texas Department of Criminal Justice and Nueces County entities. Appellants alleged federal civil rights violations and torts under the Texas Tort Claims Act, stemming from sexual harassment and assault during their incarceration. The appellate court affirmed the dismissal of the federal civil rights claims under 28 U.S.C. § 1983, determining that the appellees were state entities immune from such suits, and found claims for injunctive relief moot as appellants were no longer incarcerated. However, the court reversed the dismissal of claims under the Texas Tort Claims Act, remanding for further proceedings to allow discovery and amendment of pleadings regarding allegations of premise defect and the use of tangible personal property, consistent with prior rulings.

Plea to the JurisdictionSovereign ImmunityTexas Tort Claims ActFederal Civil RightsSection 1983Premise DefectTangible Personal PropertyNegligent Hiring and SupervisionSexual MisconductIncarceration Conditions
References
15
Case No. 2016 NY Slip Op 02654
Regular Panel Decision
Apr 06, 2016

Matter of Dayannie I. M. (Roger I. M.)

The Appellate Division, Second Department, affirmed a Family Court order which found Roger I.M. abused and neglected his daughter, Eyllen I.M., and derivatively abused his other children: Dayannie I.M., Hillary I.M., Keyri I.M., and Jackzenny I.M. The court found that the Suffolk County Department of Social Services presented sufficient evidence, including Eyllen's consistent out-of-court statements, expert testimony, and Roger I.M.'s written confession of sexual abuse. The Appellate Division upheld the Family Court's credibility assessment, rejecting the appellant's and the children's mother's disputes. The court also affirmed the derivative abuse findings for the other children, noting that a child's recantation does not necessarily invalidate prior abuse allegations, especially when pressured or if there is expert testimony indicating a false recantation.

Child AbuseChild NeglectFamily LawAppellate ReviewSexual AbuseCredibilityRecantationExpert TestimonyParental RightsSuffolk County Family Court
References
26
Case No. MISSING
Regular Panel Decision

Hernandez v. Astrue

The plaintiff, Shawna Hernandez, appealed the Commissioner of Social Security's decision to deny her Supplemental Security Income and Social Security Disability benefits. The court found that the Administrative Law Judge failed to consider the combined effect of all her impairments, including anxiety and bipolar disorder, in addition to depression and substance abuse. The court also determined that the ALJ's finding regarding the materiality of her substance abuse to her disability was not supported by substantial evidence, especially given her period of sobriety. Furthermore, the ALJ failed to adequately explain the weight afforded to various medical opinions and to develop the administrative record. Consequently, the court denied the defendant's motion for judgment on the pleadings and remanded the case for further proceedings.

Disability benefitsSocial Security ActSupplemental Security IncomeSocial Security DisabilityMental impairmentDepressionAnxietyBipolar disorderAlcohol abuseAdministrative Law Judge
References
27
Case No. 2021 NY Slip Op 04102
Regular Panel Decision
Jun 29, 2021

Matter of Jason Alexander B. (Brenda S.)

The Appellate Division, First Department, affirmed the Family Court's order finding respondent-appellant Antonio G. abused and neglected Jason and Damira, and derivatively abused and neglected Jayrell and Phillip. The court found that Damira's detailed out-of-court statements were sufficiently corroborated by expert testimony of a licensed clinical social worker, who stated the child suffered from posttraumatic stress disorder related to sexual abuse. Respondent's argument that he was not legally responsible for the two eldest children was unpreserved and unavailing, given his frequent presence in the home and relationship to the children. His actions demonstrated impaired parental judgment, placing the children at substantial risk of harm.

Child AbuseChild NeglectFamily Court ActCorroboration of TestimonyExpert TestimonyPosttraumatic Stress DisorderParental JudgmentLegal ResponsibilityAppellate Review
References
5
Case No. 04-24-00436-CV
Regular Panel Decision
Dec 23, 2024

In the Interest of J.A.T., a Child v. the State of Texas

This is an accelerated appeal from an order terminating the parental rights of J.G. (Mother) to her child, J.A.T. Mother challenged the sufficiency of the evidence for the best interest finding. The Texas Department of Family and Protective Services initiated the termination petition due to concerns of child neglect and Mother's substance abuse. The trial court terminated parental rights based on statutory grounds including constructive abandonment, non-compliance with court orders, and endangering the child through substance abuse. Mother repeatedly tested positive for various illegal substances and did not complete court-ordered drug recovery or mental health services. J.A.T., diagnosed with autism, showed behavioral issues that improved during placement with maternal grandparents. The appellate court affirmed the trial court's decision, finding the evidence legally and factually sufficient to support the finding that termination was in J.A.T.'s best interest, citing Mother's ongoing substance abuse and failure to address her issues.

Parental Rights TerminationChild CustodyBest Interest of ChildSufficiency of EvidenceAccelerated AppealSubstance AbuseDrug TestingMental HealthAutism Spectrum DisorderFamily Code
References
27
Case No. 2016-01-0546
Regular Panel Decision
Sep 26, 2017

Roper, Jeremiah v. Allegis Group

Jeremiah Roper, an Allegis Group employee, suffered a traumatic left-hand amputation during a work-related accident, leading to multiple surgeries and a sepsis infection. He subsequently experienced severe phantom and neuropathic pain, which he attempted to self-medicate with illegal drugs, resulting in substance abuse issues. After being referred to a pain management specialist, Dr. Joe Browder, Mr. Roper was refused further treatment due to a positive drug screen. The Court, recognizing the potential for substance abuse following a work injury, denied Mr. Roper's request for another pain management panel. Instead, it ordered Allegis Group to authorize and schedule Mr. Roper to see his authorized treating physician, Dr. Brian Tonne, on an expedited basis, to evaluate his current condition, pain management needs, and potential substance abuse problem.

Amputation InjuryPain ManagementSubstance AbuseMedical BenefitsExpedited HearingPhysician ReferralDrug ScreeningComplex Regional Pain SyndromeTreating PhysicianEmployer Liability
References
4
Case No. MISSING
Regular Panel Decision

Benzon v. Sosa

This case concerns an appeal from a Family Court order that granted a maternal grandmother custody of her two grandchildren following their mother's death. The biological father had a documented history of domestic violence, substance abuse, and exposed the children to a turbulent environment. Medical evaluations indicated the father suffered from an alcohol-induced mood disorder, while a social worker noted the eldest child exhibited behaviors consistent with exposure to chronic family violence and potential abuse. The appellate court affirmed the lower court's finding of extraordinary circumstances and concluded that awarding custody to the grandmother was in the children's best interest, citing her commitment to their emotional needs.

CustodyChild CustodyFamily LawDomestic ViolenceSubstance AbuseParental FitnessExtraordinary CircumstancesBest Interest of the ChildGrandparent CustodyAppellate Review
References
9
Case No. MISSING
Regular Panel Decision

Piatt v. Colvin

Plaintiff April D. Piatt challenged the Social Security Commissioner's denial of her disability insurance benefits, arguing the Administrative Law Judge (ALJ) erred in evaluating her severe impairments (major depressive disorder, anxiety disorder, substance abuse) and non-severe conditions like back pain, carpal tunnel, and restless leg syndrome. Piatt also contested the ALJ's adherence to the treating physician rule regarding Dr. Mehl-Madrona and Ms. Masceri, and the credibility assessment of her testimony. The District Court affirmed the Commissioner's decision, finding it supported by substantial evidence and noting the ALJ properly weighed medical opinions and found no reversible error in the credibility analysis or development of the record. Consequently, Piatt's complaint was dismissed with prejudice.

Disability benefitsSocial Security ActAdministrative Law JudgeALJ decision reviewMental impairmentDepressionAnxiety disorderSubstance abuseResidual functional capacityTreating physician rule
References
37
Showing 1-10 of 2,946 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational