In a closely watched workers’ comp dispute, a Texas administrative law judge is pushing back against a court order that barred the release of mental health records tied to a death benefits case.
Francisca Okonkwo, a judge with the Texas Department of Insurance - Division of Workers’ Compensation (TDI-DWC), appealed a temporary injunction that prevented her from subpoenaing the mental health records of Lauren Brittane Smith, a first responder who died following a long work shift for Fort Bend County.
Smith’s husband, Joshua David Heiliger, has sought death benefits from the county, claiming her job-related stress triggered a fatal stroke. But the employer countered that her long-term use of Adderall and Vyvanse - stimulants often prescribed for ADHD - could have contributed to her death, particularly given her hypertension. To explore this, the county asked Judge Okonkwo to issue a subpoena for her psychiatric records held by Greater Houston Psychiatric Associates and Dr. John Marcellus.
Heiliger objected, arguing the records were private and protected. He filed suit in Harris County’s 11th Judicial District Court, which granted both a temporary restraining order and a temporary injunction halting disclosure. The court also denied Okonkwo’s motion to dismiss the case and her plea to the jurisdiction.
On June 13, 2025, Okonkwo filed her brief in the Fifteenth Court of Appeals in Austin, challenging the trial court’s April 2 ruling. She argued the subpoena was legally valid and that the mental health records are not privileged in this context. In her view, the request for death benefits places the decedent’s mental health directly at issue, which makes the records relevant and disclosable.
Okonkwo cited three main legal grounds for disclosure: the Offensive Use Doctrine, which bars a party from claiming benefits while withholding related information; the Patient Litigant Exception under Texas Rules of Evidence 509(e)(4) and 510(d)(5), which allows access to mental health records when they are part of a legal claim or defense; and statutory exceptions under the Texas Health and Safety Code, specifically sections 611.004(a)(1) and 611.006(a)(11), which allow disclosure by subpoena in administrative proceedings.
She also pointed out that the original subpoena had already been withdrawn and replaced with a new version that addressed formatting concerns raised by Heiliger - rendering those specific objections moot.
The court’s temporary injunction remains in place, but a trial on the request for a permanent injunction is scheduled for the two-week docket beginning December 1, 2025.
Although no insurance policy language is directly at issue, the outcome of this case could shape how insurers and their representatives navigate privilege issues when defending contested workers’ comp claims. If the appeal is successful, it could bolster the ability of insurers and administrative judges to obtain mental health records when they are central to benefit eligibility.
