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

Case No. NO. 03-05-00031-CV
Regular Panel Decision
Dec 08, 2005

Texas Department of Assistive and Rehabilitative Services, Successor in Interest to the Former Texas Rehabilitation Commission v. Richard Howard

Richard Howard, a unit manager at the Texas Department of Assistive and Rehabilitative Services, reported alleged illegal practices to the State Auditor’s Office (SAO). Howard claimed his superiors retaliated against him by rating him below standard on performance appraisals and denying promotions and merit pay increases. He sued under the Whistleblower Act, and a jury awarded him damages, costs, and attorney's fees. The Department appealed, challenging the sufficiency of evidence regarding Howard's good faith report, appropriate authority, causation, and damages. The Court of Appeals affirmed the trial court's judgment, finding sufficient evidence to support the jury's verdict that Howard made a good faith report to an appropriate authority and that his report caused the adverse actions.

Whistleblower ActRetaliationPublic EmployeeState Auditor’s OfficePerformance AppraisalMerit PayPromotion DenialDamagesCausationGood Faith Report
References
20
Case No. 2007 NY Slip Op 27390
Regular Panel Decision
Sep 04, 2007

Matter of A. J.

The Administration for Children's Services (ACS) filed a petition alleging that four-year-old T.J. sustained multiple injuries, including a second-degree burn, while in the care of her biological parents, Toni N. and Tyrell J. The parents had previously been found to have abused T.J. The court found the parents' explanations for the injuries incredible and inconsistent with medical testimony from Dr. Philip Hyden, an expert in pediatrics and child abuse. The court entered findings of abuse against both parents for T.J. under Family Court Act § 1012 (e) (i) and derivative abuse findings for her siblings, J.W., J.N., A.J., A.N., and T.S., under Family Court Act § 1012 (e) (ii). Furthermore, the court determined that T.J. was "repeatedly abused" as defined by Social Services Law § 384-b (8) (b) due to the prior abuse findings and the unsuccessful efforts to rehabilitate the parents. However, derivative findings of repeated abuse were not made for the siblings.

Child AbuseRepeated AbuseDerivative AbuseFoster CareParental RightsFamily Court ActSocial Services LawPhysical InjuryMedical ExpertChild Protection Unit
References
10
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

Buckley v. Consolidated Edison Company of New York, Inc.

Dan Buckley, a former management employee, sued Consolidated Edison Company of New York, Inc. for violations of the Americans with Disabilities Act (ADA) and New York State Executive Law § 296, alleging discrimination based on his disability as a rehabilitated alcohol/substance abuser and termination due to his inability to provide a urine sample for drug testing. The court had previously dismissed his complaint but allowed him to replead, finding he adequately alleged disability but not discrimination based on it. In his amended complaint, Buckley conceded his bladder condition, which prevented him from urinating on command, was not an ADA disability but argued Con Edison's drug testing procedures were unreasonable. The court granted Con Edison's motion to dismiss, concluding that failure to accommodate a non-disability does not constitute an ADA violation, and Buckley failed to allege that his actual disability (alcohol/substance abuse) was not reasonably accommodated.

Americans with Disabilities ActDisability DiscriminationDrug TestingReasonable AccommodationAlcohol AbuseSubstance AbuseTermination of EmploymentMotion to DismissFederal Rules of Civil Procedure Rule 12New York State Executive Law
References
3
Case No. MISSING
Regular Panel Decision

Texas Department of Assistive and Rehabilitative Services, Successor in Interest to the Former Texas Rehabilitation Commission v. Richard Howard

Richard Howard, a unit manager with the Texas Department of Assistive and Rehabilitative Services, reported several alleged legal violations by his employer to the State Auditor’s Office. Howard subsequently experienced retaliation, including denial of promotions and merit pay increases, which he attributed to his whistleblowing activities. He successfully sued the department under the Whistleblower Act, and a jury awarded him damages. The Department appealed the verdict, challenging the sufficiency of the evidence on multiple grounds, including good faith reporting, appropriate authority, causation, and damages. The appellate court affirmed the trial court's judgment, concluding that the evidence was legally and factually sufficient to support the jury's findings.

Whistleblower ActPublic Employee RetaliationPerformance EvaluationEmployment DiscriminationState Auditor's OfficeGood Faith ReportCausal LinkEconomic DamagesAppellate ReviewJury Verdict
References
20
Case No. MISSING
Regular Panel Decision
Dec 21, 1995

In re Jordan Rehabilitation Service, Inc.

Jordan Rehabilitation Service, Inc., providing medical and vocational rehabilitative services, appealed a decision by the Unemployment Insurance Appeal Board. The Board assessed additional unemployment insurance contributions, finding that specialists hired by Jordan were employees, not independent contractors, between 1989 and 1991. The court reviewed whether there was substantial evidence to support the Board's conclusion of an employer-employee relationship. Key factors included Jordan's control over recruitment, screening, compensation, billing, and contractual restrictions on specialists. Ultimately, the court affirmed the Board's decision, determining that Jordan exercised sufficient overall control to establish an employer-employee relationship and thus was liable for the contributions.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorRehabilitation ServicesLabor LawSubstantial EvidenceControl TestJudicial ReviewAdministrative Law JudgeDepartment of Labor
References
8
Case No. MISSING
Regular Panel Decision
May 14, 2014

Forest Rehabilitation Medicine PC v. Allstate Insurance

Plaintiff Forest Rehabilitation Medicine PC sued defendant Allstate to recover $3,490 for no-fault medical benefits provided to assignor Tracy Fertitta. The core issue was the medical necessity of "Calmare pain therapy" (scrambler therapy), a novel treatment. The court conducted a bench trial, hearing expert testimony from both sides. Dr. Ayman Hadhoud, for the defense, argued the treatment was not medically necessary, not cost-effective, and essentially a form of physical therapy. Dr. Jack D’Angelo, for the plaintiff, countered that the therapy, though new, had FDA approval, was used by the military, and reduced the assignor's pain levels. Applying the Frye standard, the court found the evidence regarding Calmare scrambler therapy reliable and ruled it was medically necessary for Ms. Fertitta's pain management. Consequently, judgment was awarded to the plaintiff, Forest Rehabilitation Medicine PC, for $3,490 plus attorney's fees and interest.

No-Fault InsuranceMedical NecessityCalmare Pain TherapyScrambler TherapyNovel TreatmentFrye StandardExpert TestimonyPain ManagementFDA ApprovalCervical Radiculopathy
References
14
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
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