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DISCIPLINARY ORDERS POSTED for 2010

TEXAS DEPARTMENT OF INSURANCE

The Texas Department of Insurance has issued the following disciplinary orders. Only final orders are listed. A Commissioner of Insurance order imposing disciplinary measures becomes final 20 days after the agent or insurance company has received notice of the order unless a motion for rehearing is filed within that period. A motion for rehearing stays the finality of an order until the Commissioner of Insurance acts upon the motion or upon the operation of law. Commissioner of Insurance orders are subject to appeal to state district court.

A Commissioner of Workers' Compensation consent order imposing disciplinary measures becomes final upon signature of the Commissioner of Workers' Compensation. If a Commissioner of Workers' Compensation disciplinary measure is appealed to the State Office of Administrative Hearings (SOAH), an Administrative Law Judge may issue a final decision and order. Final SOAH orders are subject to appeal within 30 days to state district court. If an appeal has not been made within 30 days, the SOAH order becomes final.

Copies of Commissioner of Insurance orders may be obtained by calling the Chief Clerk's Office at 512-463-6326 or sending an e-mail request to .

Copies of Commissioner of Workers' Compensation orders may be obtained by calling Maria Jimenez at 512-804-4703 or via e-mail to Maria.Jimenez@tdi.texas.gov. Please indicate Disciplinary Orders in the subject line of the request.


American Guarantee & Liability Insurance Company of Schaumburg, IL
Order Number: DWC10-0126
Date of Order:  12/3/2010
Order Final In:   December
Action Taken:  Fined $30,000
Violation:  Failed to comply with decision or order of Commissioner; Failed to pay for preauthorized medical services; Failed to timely initiate TIBs


Burchardt, Arthur Jr. of San Antonio
Order Number: 101112
Date of Order:  12/21/2010
Order Final In:   December
Action Taken:  General Property and Casualty License be issued and placed on probation for two years
Violation:  Criminal offense - theft


Burkholder, Valerie Kay of Houston
Order Number: 101100
Date of Order:  12/21/2010
Order Final In:   December
Action Taken:  Fined $1,000
Violation:  Made a material misrepresentation on a license application


Business Staffing, Inc. of Conroe
Order Number: DWC10-0151
Date of Order:  12/31/2010
Order Final In:   December
Action Taken:  Fined $5,000
Violation:  Failed to timely respond to Division request for information


Clark, Bliss Watson M.D. of Harlingen
Order Number: DWC-10-0117
Date of Order:  12/3/2010
Order Final In:   December
Action Taken:  Fined $7,000; Must attend compliance training for doctors and medical office staff
Violation:  Failed to timely file the DWC Form-69; Failed to timely file and accurately complete the DWC Form-73


Cochran, Casey, III D.O. of Austin
Order Number: DWC-10-0119
Date of Order:  12/3/2010
Order Final In:   December
Action Taken:  Fined $3,000
Violation:  Failed to timely file DWC Form-69; Failed to file DWC Form-69 with the carrier via facsimile or electronic transmission


Continental Casualty Company of Chicago, IL
Order Number: DWC-10-0136
Date of Order:  12/13/2010
Order Final In:   December
Action Taken:  Fined $7,000
Violation:  Failed to explain reduction or denial of payment for health care services; Failed to timely take final action on properly completed medical bill


Deal, Robert Steven of San Antonio
Order Number: 101087
Date of Order:  12/17/2010
Order Final In:   December
Action Taken:  Fined $500; Must complete 10 hours of continuing education
Violation:  Failed to comply with continuing education requirements


DeBender, John J., M.D. of Houston
Order Number: DWC-10-0120
Date of Order:  12/3/2010
Order Final In:   December
Action Taken:  Fined $3,000; Must attend compliance training for doctors and medical office staff; Must submit compliance report
Violation:  Failed to timely file DWC Form-69; Failed to file DWC Form-69 with the carrier via facsimile or electronic transmission


Diamond, Howard Gregg M.D. of Richardson
Order Number: DWC10-0152
Date of Order:  12/31/2010
Order Final In:   December
Action Taken:  Fined $8,000; Must attend compliance training for doctors and medical office staff; Must submit patient records for review by Division
Violation:  Refused four or more Designated Doctor appointments in 90-day period; Failed to timely file a letter of clarification; Failed to timely conduct reexamination; Failed to timely file DWC Form-69; Failed to file DWC Form-69 with the carrier via facsimile or electronic transmission


Glover, Kevin Tyler of Temple
Order Number: 101028
Date of Order:  12/2/2010
Order Final In:   December
Action Taken:  Insurance Adjuster License revoked
Violation:  Criminal offense - felony forgery by passing


Gonzalez, Julian Jay M.D. of Houston
Order Number: DWC-10-0139
Date of Order:  12/13/2010
Order Final In:   December
Action Taken:  Fined $2,000; Must attend compliance training for doctors and medical office staff
Violation:  Failed to timely file DWC Form-69; Failed to timely file DWC Form-73; Failed to accurately complete DWC Form-73


Grays, Peter Edward M.D. of Bedford
Order Number: DWC-10-0143
Date of Order:  12/13/2010
Order Final In:   December
Action Taken:  Fined $1,000; Must provide copy of compliance plan; Must attend compliance training for doctors and medical office staff
Violation:  Failed to timely file DWC Form-69; Failed to timely file DWC Form-73; Failed to accurately complete DWC Form-73


Guerra, Francisco Javier, Sr., M.D. of El Paso
Order Number: DWC10-0146
Date of Order:  12/21/2010
Order Final In:   December
Action Taken:  Fined $1,000; Must attend compliance training for doctors and medical office staff
Violation:  Failed to timely file DWC Form-69; Failed to timely file DWC Form-73; Failed to accurately complete DWC Form-73


Hartford Underwriters Insurance Company of Hartford, CT
Order Number: DWC-10-0122
Date of Order:  12/3/2010
Order Final In:   December
Action Taken:  Fined $78,000
Violation:  Failed to comply with an order or decision of the Commissioner; Failed to pay benefits based on opinion of Designated Doctor during pendency of dispute; Failed to take timely action on properly completed medical bill; Failed to pay for preauthorized medical services


Healthsouth Corporation of Birmingham, AL
Order Number: DWC10-0118
Date of Order:  12/3/2010
Order Final In:   December
Action Taken:  Fined $5,000
Violation:  Failed to comply with with an order or decision of the commissioner


Hill County Title Company of Hillsboro
Order Number: 101036
Date of Order:  12/3/2010
Order Final In:   December
Action Taken:  Fined $4,000
Violation:  Failed to timely provide an annual trust fund account audit report / annual statistical report


Houston Independent School District of Houston
Order Number: DWC-10-0137
Date of Order:  12/13/2010
Order Final In:   December
Action Taken:  Fined $3,000
Violation:  Failed to timely initiate IIBs


Hudson Valley Consultants, LLC; National Association of Business Leadership, LLC and/or Inc.; Richard Dunn, Kevin Dunn; Barbara E. Dunn of Montville, NJ
Order Number: 101114
Date of Order:  12/21/2010
Order Final In:   December
Action Taken:  General Life, Accident and Health Licenses surrendered and cancelled
Violation:  Unauthorized insurance


Jarolimek, Lubor M.D. of Houston
Order Number: DWC10-0147
Date of Order:  12/21/2010
Order Final In:   December
Action Taken:  Fined $1,000; Must attend compliance training for doctors and medical office staff
Violation:  Failed to timely file DWC Form-69; Failed to timely file DWC Form-73; Failed to accurately complete DWC Form-73


Matthews, Rebecca Anne of Centerville
Order Number: 101097
Date of Order:  12/21/2010
Order Final In:   December
Action Taken:  Fined $1,500; Must complete three hours of continuing education
Violation:  Failure to comply with continuing education requirements


New Hampshire Insurance Company of New York, NY
Order Number: DWC10-0125
Date of Order:  12/3/2010
Order Final In:   December
Action Taken:  Fined $40,000
Violation:  Failed to pay an order awarding benefits; Failed to comply with order or decision of Commissioner; Failed to pay medical bills according to Division Medical Fee Guidelines; Failed to take timely action on a properly completed medical bill


Nguyen, Peter Minh V. M.D. of Victoria
Order Number: DWC10-0138
Date of Order:  12/13/2010
Order Final In:   December
Action Taken:  Fined $3,000
Violation:  Failed to timely file DWC Form-69; Failed to file DWC Form-69 with carrier via facsimile or electronic submission; Failed to timely file DWC Form-73


Oakum, Maria Meyer of Houston
Order Number: 101099
Date of Order:  12/21/2010
Order Final In:   December
Action Taken:  Fined $7,000
Violation:  Made a material misrepresentation on a license application


Ochoa, Raymond Matthew of San Antonio
Order Number: 101103
Date of Order:  12/21/2010
Order Final In:   December
Action Taken:  General Life, Accident and Health License and General Property and Casualty License revoked
Violation:  Misappropriated or converted money belonging to an insurer or insured


Old Republic Insurance Company of Greensburg, PA
Order Number: DWC10-0124
Date of Order:  12/3/2010
Order Final In:   December
Action Taken:  Fined $41,000
Violation:  Failed to timely respond to a request for reconsideration of a medical bill; Failed to pay for preauthorized services; Failed to timely pay SIBs; Failed to submit accurate medical bill and payment data to Division


Old Republic Insurance Company of Chicago, IL
Order Number: DWC10-0145
Date of Order:  12/13/2010
Order Final In:   December
Action Taken:  Fined $12,500
Violation:  Failed to respond to a Division request for information; Failed to timely respond to a request for reconsideration; Failed to pay for preauthorized medical services


Osborn, Charles R., D.C. of Waxahachie
Order Number: DWC-10-0121
Date of Order:  12/3/2010
Order Final In:   December
Action Taken:  Removed from participation in workers' compensation system as network or non-network health care provider
Violation:  Felony conviction; Suspended medical license; Provided treatment that did no comport with Official Disability Guidelines; Billed as Commission on Accreditation of Rehabilitation facility in violation of Division fee guidelines


Page, Cynthia Jo of Leona
Order Number: 101098
Date of Order:  12/21/2010
Order Final In:   December
Action Taken:  Fined $1,500; Must complete three hours of continuing education
Violation:  Failure to comply with continuing education requirements


Roach, Theresa Ann of Buffalo
Order Number: 101113
Date of Order:  12/21/2010
Order Final In:   December
Action Taken:  Fined $2,500; Must complete five hours of continuing education
Violation:  Failure to comply with continuing education requirements


Rodriguez, Helen Y. of San Antonio
Order Number: 101104
Date of Order:  12/21/2011
Order Final In:   December
Action Taken:  General Property and Casualty License revoked
Violation:  Misappropriated or converted money belonging to an insurer or insured


Ruckstuhl, Denise of Cypress
Order Number: 101101
Date of Order:  12/21/2010
Order Final In:   December
Action Taken:  Fined $1,000
Violation:  Made a material misrepresentation on a license application


Russell-Surles Title, Inc. of Baird
Order Number: 101082
Date of Order:  12/15/2010
Order Final In:   December
Action Taken:  Fined $20,000; Title Agent Licenses revoked
Violation:  Failed to comply with Commissioner's Order; Failed to timely provide an annual trust fund account audit report / annual statistical report


Saunders, Ralph C., M.D. of Bedford
Order Number: DWC10-0144
Date of Order:  12/13/2010
Order Final In:   December
Action Taken:  Fined $15,000
Violation:  Failed to timely file DWC Form-69; Failed to file DWC Form-69 with the carrier via facsimile or electronic transmission


Spencer, Mary Ann of Bellaire
Order Number: 101102
Date of Order:  12/21/2010
Order Final In:   December
Action Taken:  Fined $1,000
Violation:  Made a material misrepresentation on a license application


Stewart Title Guaranty Company, Stewart Title Corpus Christi Division F/K/A Stewart Title of Corpus Christi, Inc. of Houston and Corpus Christi
Order Number: 101089
Date of Order:  12/17/2010
Order Final In:   December
Action Taken:  Fined $25,000; Must pay restitution of $500,418
Violation:  Violated requirements for issuing title insurance policies; failed to submit an accurate annual statistical report


Stock, Alexander M.D. of Mineola
Order Number: DWC10-0116
Date of Order:  12/3/2010
Order Final In:   December
Action Taken:  Suspended from practice as health care provider in workers' compensation system; Must attend compliance training for doctors before returning to practice
Violation:  Failed to timely file the DWC Form-69; Failed to file DWC Form-69 with carrier via facsimile or electronic submission


Title Team of Texas, LLC of Fort Worth
Order Number: 101094
Date of Order:  12/20/2010
Order Final In:   December
Action Taken:  Fined $3,300
Violation:  Failed to timely provide an annual trust fund account audit report / annual statistical report


Transportation Insurance Company of Chicago, IL
Order Number: DWC10-0135
Date of Order:  12/13/2010
Order Final In:   December
Action Taken:  Fined $2,000
Violation:  Failed to timely take final action on a properly completed medical bill


Travelers Indemnity Company of Hartford, CT
Order Number: DWC-10-0142
Date of Order:  12/13/2010
Order Final In:   December
Action Taken:  Fined $55,000
Violation:  Failed to timely take final action on properly completed medical bill; Failed to explain reduction or denial of payment for medical services to injured employee, health care provider and Division; Failed to timely initiate TIBs; Failed to pay for preauthorized medical services


Travelers Indemnity Company of Connecticut of Hartford, CT
Order Number: DWC-10-0141
Date of Order:  12/13/2010
Order Final In:   December
Action Taken:  Fined $60,000
Violation:  Failed to timely take final action on a properly completed medical bill; Failed to explain reduction or denial of payment for health care services to injured employee, health care provider and Division; Failed to attend contested case hearing; Failed to timely initiate benefits; Failed to comply with decison or order of Commissioner


Travelers Property Casualty Company of America of Hartford, CT
Order Number: DWC-10-0140
Date of Order:  12/13/2010
Order Final In:   December
Action Taken:  Fined $20,000
Violation:  Failed to pay order awarding benefits; Unreasonably disputed the necessity of health care; Failed to pay for preauthorized medical services; Failed to explain reduction or denial of payment for medical services to injured employee, health care provider and Division


Trinity County Abstract of Groveton
Order Number: 101037
Date of Order:  12/3/2010
Order Final In:   December
Action Taken:  Fined $1,000; Title Agent License renewed and suspended for 30 days; Must pay restitution of $4,630
Violation:  Failed to timely furnish policies to insureds; Failed to timely remit underwriter portions of premium


Twin City Fire Insurance Company of Hartford, CT
Order Number: DWC10-0127
Date of Order:  12/3/2010
Order Final In:   December
Action Taken:  Fined $2,000
Violation:  Failed to comply with decision or order of the Commissioner; Failed to pay for preauthorized medical services


Ullico Casualty Company of Washington, D.C.
Order Number: DWC-10-0123
Date of Order:  12/3/2010
Order Final In:   December
Action Taken:  Fined $2,500
Violation:  Filed to timely file the Accident Prevention Services Report


American Zurich Insurance Company of Schaumburg, IL
Order Number: DWC-100100
Date of Order:  11/8/2010
Order Final In:   November
Action Taken:  Fined $32,000
Violation:  Failed to timely pay TIBs; Failed to pay for preauthorized treatments/services; Failed to timely process medical bills; Failed to visit the insured within three days of notification and/or knowledge of a fatality


Banks, Melinda Sue of Arlington
Order Number: 100982
Date of Order:  11/12/2010
Order Final In:   November
Action Taken:  Fined $1,500; General Property and Casualty License revoked.
Violation:  Failed to comply with Commissioner's order


Carrion, George M.D. of San Antonio
Order Number: DWC-100113
Date of Order:  11/16/2010
Order Final In:   November
Action Taken:  Fined $12,000
Violation:  Failed to file DWC Form-69 in a timely manner; Failed to file DWC Form-69 with the carrier via facsimile or electronic submission; Failed to properly assign maximum medical improvement


City of San Antonio of San Antonio
Order Number: DWC-100094
Date of Order:  11/5/2010
Order Final In:   November
Action Taken:  Fined $48,000; Must undergo TDI-DWC compliance audit in FY2011
Violation:  Failed to timely pay TIBs; Failed to submit accurate data to TDI-DWC


City of San Antonio of San Antonio
Order Number: DWC-100096
Date of Order:  11/5/2010
Order Final In:   November
Action Taken:  Fined $7,000
Violation:  Failed to accept a communication in the absence of DWC Form-001 as notice of injury and failed to contact employer within seven days of notification; Failed to timely pay a TDI-DWC or Commissioner Order


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