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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. 046-1272

Removal of Dr. David Cerniglia

Authorization No. C07276-1B

Date: March 3, 2020

Pursuant to Workers' Compensation Law Sections 13-d(2) and 13-l(10), the Chair of the New York State Workers' Compensation Board has exercised her authority to remove Dr. David Cerniglia’s authorizations to treat injured workers and to perform independent medical examinations in the New York State workers’ compensation system effective February 28, 2020. Dr. Cerniglia's last known business address is:

25 Mohawk Avenue
Scotia, New York 12302

Investigation revealed that Dr. Cerniglia received payments from third-party durable medical equipment (“DME”) suppliers in connection with prescribing DME to injured workers in violation of Workers' Compensation Law Sections 13-d(2)(a), 13-d(2)(g), 13-l(10)(a), and 13-l(10)(g), and The Rules of the Board of Regents, 8 NYCRR 29.1(2) and (3).

Therefore, the Chair finds that Dr. Cerniglia has committed misconduct in connection with chiropractic services rendered to injured workers.

Dr. Cerniglia is prohibited from rendering treatment and care to injured workers, from performing independent medical examinations, and from conducting reviews of records regarding variance requests pursuant to 12 NYCRR § 324.3(b)(2)(ii)(a). Reports submitted by Dr. Cerniglia for services rendered prior to February 28, 2020, are valid, but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Cerniglia for services rendered prior to February 28, 2020, should not be denied due to the removal of his authorizations.

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

 

Clarissa M. Rodriguez
Chair