State News : Texas

NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.


NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.  


Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.


Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.


Texas

STONE LOUGHLIN & SWANSON, LLP

  512-343-1385


Designated Doctor Fined $5k and Must Complete Professional Standards Essay


DWC investigated Designated Doctor Michael Martin Leonard, M.D. in five separate claims and found that he made an unnecessary referral for additional testing, failed to attend or reschedule a DD exam, failed to review medical records before the DD exam, failed to conduct a DD exam in a professional and courteous manner, and failed to timely submit DD and work status reports.
  
In one claim, Dr. Leonard referred the employee for a neuropsychological evaluation but acknowledged in his report that a strain was the only compensable injury. He did not refer to the evaluation in his report or explain the reason for the referral. In another claim, Dr. Leonard was found to have treated the employee in an unprofessional manner when he told her he was referring her to another provider so she could “get an A on it this time.” (We’re not sure exactly what that means either).  
 
In addition to being fined $5,000, Dr. Leonard was ordered to complete the Professional Standards essay offered by Ethics and Boundaries Assessment Services, LLC (EBAS). This prompted us to ask what is EBAS and what is a Professional Standards Essay?  

According to EBAS’s website, “EBAS partners with the regulatory community, offering an exam that assesses a licensee’s understanding of ethics and boundaries in a professional setting.”  Its motto is “protecting the public through effective ethics and boundaries assessments of regulated professionals.”  EBAS’s website also includes a sample Professional Essay about a physician engaged in a personal relationship with a patient followed by questions about the essay.  

EBAS says that its essay exam is “a tool used by regulatory boards in determining if an individual is safe to return to the professional workplace.”  Test takers are required to take the essay exam at a Prometric Testing Center, presumably to reduce the likelihood of cheating.

The essay is graded by EBAS graders.  It has a maximum score of 16 points with 12 being a passing score.  Interestingly, DWC’s order just states that Dr. Leonard has to complete the essay exam, not that he has to pass it, although that was surely intended.  

You can read DWC’s Consent Order here: Order Number 20238317.


Yet Another Compound Cream Conviction


Orthopedic surgeon Michael Taba, M.D. of McKinney, along with two pharmacy owners, was convicted by a federal jury of conspiring to defraud the federal Department of Labor of more than $145 million dollars through the submission of fraudulent claims for prescription compound creams.

Federal prosecutors presented evidence at trial that pharmacy owners Dehshid “David” Nourian and Christopher Rydberg paid Dr. Taba to write prescriptions for expensive compound creams to be filled at their pharmacies and that in less than three years, they billed the Department of Labor Office of Workers’ Compensation Programs more than $145 million for those creams.  

For years, we have reported on compound cream scams in state and federal workers’ compensation systems.  Most recently, we reported that on October 11, 2022, Ms. Khyati Undavia, owner of Memorial Compounding Pharmacy, was sentenced to 27 months in prison by U.S. District Judge Andrew Hanen. This is hopefully the last time we have to report on a compound cream conviction.

Fortunately, the compound cream scam seems to have largely gone away in the Texas workers’ compensation system since DWC changed the rule to require preauthorization for all compound drugs.

You can read the Justice Department’s press release here
 

Rest in Peace


Proceedings Resolution Officer (PRO) Shaji (Jacob) Verghese passed away on November 15, 2023 after a long battle with cancer.

In a GoFundMe campaign created by his son Rohan Verghese, Rohan describes how Jacob came from India to create a life for his family in America and that he was a man of faith who taught his family how to live happily even as he was battling cancer.  

If you are interested in making a donation to help Jacob’s family pay for their many expenses due to his long battle with cancer, you can do so here: https://gofund.me/b801bc91.

We will miss Jacob.  He was a great PRO and was always helpful.
 

Proceedings Resolution Officer (PRO) Shaji (Jacob) Verghese passed away on November 15, 2023 after a long battle with cancer.

In a GoFundMe campaign created by his son Rohan Verghese, Rohan describes how Jacob came from India to create a life for his family in America and that he was a man of faith who taught his family how to live happily even as he was battling cancer.  

If you are interested in making a donation to help Jacob’s family pay for their many expenses due to his long battle with cancer, you can do so here: https://gofund.me/b801bc91.

We will miss Jacob.  He was a great PRO and was always helpful.