AUSTIN - The Fifteenth Court of Appeals has concluded that the evidence supports an administrative-penalty order sanctioning a chiropractor for rendering services and billing in the workers’ compensation system with an expired license.
Court records show Dr. Eric Vanderwerff sued the Texas Department of Insurance, Division of Workers’ Compensation, following the sanctions order, seeking to reverse the penalty.
A trial court found in favor of TDI and Vanderwerff appealed.
Justices were tasked to decide whether TDI’s workers’ comp division has authority to assess an administrative penalty against a chiropractor who permitted his chiropractic license to expire while continuing to provide and bill for health care services provided to workers’ compensation patients.
“We conclude substantial evidence supports the administrative order and that Vanderwerff’s claims for declaratory relief failed to invoke the jurisdiction of the trial court,” the opinion states. “We therefore affirm the judgment of the district court.”
The Legislature mandates licensure for chiropractors rendering services to injured workers entitled to benefits within the workers’ compensation system. For more than 25 years, Vanderwerff has provided chiropractic services to patients within the workers’ compensation system as a treating doctor.
Chiropractors must renew their license every two years, but Vanderwerff did not complete his renewal requirements before his license lapsed on Oct. 1, 2020, court records show.
Upon learning the Chiropractic Board determined Vanderwerff’s license expired, the division commissioner issued an emergency cease-and-desist order prohibiting Vanderwerff from providing unlicensed chiropractor services within the workers’ compensation system until he provided notice that his license was renewed, according to the opinion.
The division then sent notice to Vanderwerff that it intended to sanction him for rendering health care, completing work status reports, and billing in the workers’ compensation system with an expired license.
Following a hearing, the administrative law judge issued a proposal for decision recommending the commissioner assess a $12,000 penalty against Vanderwerff.
On appeal, Vanderwerff argued the division did not have statutory authority to sanction him, his license did not expire because he completed the renewal requirements within one year of the license expiration date, and that the district court improperly denied his claims for declaratory relief.
Justices concluded Vanderwerff’s claims for declaratory relief did not invoke the jurisdiction of the trial court.
Appeals case No. 15-25-00026-CV
