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Workers’ Compensation Board

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New York State
Workers' Compensation Board
OFFICE OF THE CHAIR
328 State Street  Schenectady, New York 12305
Governor Andrew M. Cuomo


Subject No. 046-1146

Removal of Dr. Don Kerson

Authorization No. 150609-6W

Date: February 27, 2019

Pursuant to Workers' Compensation Law Section 13-d(2)(a), the Chair of the New York State Workers' Compensation Board has exercised her authority to remove Dr. Don Kerson’s authorization to treat injured workers in the New York State workers’ compensation system effective February 27, 2019. Dr. Kerson's last known business address is:

861 Manhattan Avenue, Suite 3
Brooklyn, New York 11222

The removal is based upon Surrender Order (BPMC No. 19-028), issued by the New York State Department of Health, State Board for Professional Medical Conduct (BPMC), effective February 20, 2019, wherein in full satisfaction of the charges against him, Dr. Kerson agreed that he could not successfully defend against at least one act of misconduct alleged, including that he deviated from accepted medical standards in that he failed to appropriately diagnose, evaluate and treat multiple patients, failed to maintain adequate medical records, inappropriately prescribed controlled substances, failed to document consultation of the Prescription Monitoring Program Registry, failed to coordinate care with a patient’s other providers, and placed false entries in a patient’s medical record. As a result, Dr. Kerson surrendered his license as a physician in the State of New York.

Therefore, the Chair believes that Dr. Kerson may be guilty of misconduct as described in Education Law §§6530(3), (4), (5), (20) and (32), and that such misconduct would detrimentally affect the quality of care provided to injured workers.

Dr. Kerson is prohibited from rendering treatment and care to injured workers, and from conducting reviews of records regarding variance requests pursuant to 12 NYCRR § 324.3(b)(2)(ii)(a). Reports submitted by Dr. Kerson for services rendered prior to February 27, 2019, are valid, but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Kerson for services rendered prior to February 27, 2019, should not be denied due to the removal of his authorization.

Any questions regarding the authorized lists should be referred to the Medical Director’s Office at 1 (800) 781-2362.

 

Clarissa M. Rodriguez
Chair