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.
The vast majority of
enforcement actions are against insurance carriers for failure to timely pay
income benefits and medical bills. While these violations are certainly
worthy of enforcement action, they don’t usually make for very exciting
reading. Enforcement actions against providers, on the other hand, often
have unique facts which make them much more entertaining. To demonstrate
this point, here is a summary of the most recent consent orders against
On September 6, 2023, the Commissioner signed a consent order concerning disciplinary action against Dan Mai Ung, D.C. The Commissioner found that Dr. Ung, in treating an injured employee for work-related cervical and lumbar strains and right knee pain, had referred the injured worker for two unnecessary MRIs. Not only did the doctor fail to provide a rationale or document findings supporting MRI testing pursuant to the Official Disability Guidelines, but he also failed to disclose that the clinic to which the injured worker was referred for the MRIs, Americana Injury Clinic, was, in fact, owned by Dr. Ung. (Note: Unlike federal health care programs, it is not against the law to self-refer in Texas workers’ compensation; it is just a violation if you self-refer and don’t disclose your financial interest.).
The Commissioner concluded that Dr. Ung had provided treatment or services which were improper, unreasonable, or unnecessary; that he violated treatment guidelines; that he failed to explain the basis for his return-to-work determinations; and that he failed to disclose his financial interest in Americana Injury Clinic.
Dr. Ung was ordered to pay an administrative penalty of $7,000.00 and ordered to attend 6 hours of continuing medical education including 2 hours each in evidence-based spinal evaluation, evidence-based knee evaluation, and ethics.
On September 14, 2023, the Commissioner signed a consent order concerning disciplinary action against Ray R. Trey Fulp III, D.O. The Commissioner found that Dr. Fulp failed to provide treatment in accordance with the Official Disability Guidelines and performed improper, unreasonable, or medically unnecessary spinal surgery. Dr. Fulp was ordered to pay an administrative penalty of $10,000.00 and required to attend 6 hours of continuing medical education in the topic of spine diagnosis or treatment. Dr. Fulp was further required to attend and successfully complete the Center for Personalized Education for Professionals Medical Record Keeping Seminar and PROBE Ethics and Boundaries Program.
On August 31, 2023, the Commissioner signed a consent order concerning disciplinary action against Anthony Owusu, Jr., M.D. under two DWC Enforcement files. In the first, the Commissioner found that Dr. Owusu had completed a designated doctor examination of injured employee No. 1 on April 17, 2021, but had failed to complete the report or receive approval for additional time to complete the report within 15 working days of the examination date. Dr. Owusu filed his request for an extension of time on June 2, 2021, 26 calendar days late.
In the second Enforcement File, the Commissioner found Dr. Owusu, as a designated doctor, had reported performing a physical examination of injured employee No. 2 but failed to document a focused medical examination of the injured body part in the record. Dr. Owusu was further found to have failed to reference or follow the required MD Guidelines in his return-to-work evaluation or to justify deviating from the guidelines using evidence-based medicine. Finally, Dr. Owusu’s work restrictions and conclusions were inconsistent with the clinical findings of the treating doctor, however, he failed to acknowledge or differentiate these findings in his rationale supporting his determination that injured employee No. 2 was incapable of returning to work.
Dr. Owusu was ordered to pay an administrative penalty of $8,500.00 and required to attend and complete 6 hours of continuing medical education.
The Commissioner further ordered that Dr. Owusu shall not reapply for designated doctor certification or participate as a designated doctor in the Texas workers’ compensation system, and that any future applications for certification will be denied.
Finally, the Commissioner ordered that Dr. Owusu shall not practice or receive any remuneration from the Texas workers’ compensation system as a consulting doctor, Required Medical Examination doctor, or as a peer reviewer.
Copyright 2023, Stone Loughlin & Swanson, LLP