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Subject Number 046-279 Removal of Doctors' Names From The List of Physicians Authorized to Treat and/or Conduct Independent Medical Examinations of Workers' Compensation Claimants

Subject Numbers Regarding Health Provider Authorizations

January 7, 2009

CHARLES J. DEMARCO, M.D. (Authorization No. 177726-7B)

Please be advised that, by Consent Order (BPMC No. 08-179), effective September 30, 2008, the New York State Department of Health, State Board for Professional Medical Conduct (BPMC), placed Dr. Demarco on probation for three years and limited his license to preclude the performance and interpretation of breast imaging studies.

Pursuant to Workers' Compensation Law Section 13-d(5), the Chair of the New York State Workers' Compensation Board has exercised his authority to remove Dr. Demarco from the list of authorized physicians, effective December 22, 2008. Dr. Demarco's current address is 6243 Woodhaven Boulevard, Rego Park, New York 11374-3731.

Dr. Demarco is prohibited from rendering medical or other treatment and care to or conducting independent medical examinations of individuals who have suffered work-related injuries or illnesses. Medical reports submitted by Dr. Demarco for treatment rendered or examinations performed prior to December 22, 2008, are valid, but are invalid for any treatment rendered or examinations performed on or after that date. Requests to cross-examine Dr. Demarco regarding treatment he rendered or examinations he performed prior to December 22, 2008, should not be denied due to the restriction of his medical license or his removal from the list of authorized physicians.

HERBERT P. GASTON, M.D. (Authorization No. 181520-8W)

Please be advised that, by Determination and Order (BPMC No. 08-196), of a Hearing Committee of the New York State Department of Health, State Board for Professional Medical Conduct (BPMC), effective October 22, 2008, the previously imposed suspension of Dr. Gaston's license to practice medicine in New York State was extended from March 28, 2008 to June 30, 2009, with probation to follow from July 1, 2009 to December 31, 2011.

Pursuant to Workers' Compensation Law Section 13-d(5), the Chair of the New York State Workers' Compensation Board has exercised his authority to remove Dr. Gaston from the list of authorized physicians, effective December 22, 2008. Dr. Gaston's current address is 418 North Main Street, Penn Yan, New York 14527.

Dr. Gaston is prohibited from rendering medical or other treatment and care to individuals who have suffered work-related injuries or illnesses. Medical reports submitted by Dr. Gaston for treatment rendered prior to March 28, 2008, are valid, but are invalid for any treatment on or after that date. Requests to cross-examine Dr. Gaston regarding treatment he rendered prior to March 28, 2008, should not be denied due to the restriction of his medical license or his removal from the list of authorized physicians.

MUFTAH ABDULLA KADURA, M.D. (Authorization No. 204779-3W)

Please be advised that, by Consent Order (BPMC No. 08-219), effective November 19, 2008, the New York State Department of Health, State Board for Professional Medical Conduct (BPMC), adopted Dr. Kadura's application for Consent Order, wherein he admitted guilt to the professional misconduct as alleged in the Statement of Charges in full satisfaction of the charges against him.

Pursuant to Workers' Compensation Law Section 13-d(5), the Chair of the New York State Workers' Compensation Board has exercised his authority to remove Dr. Kadura from the list of authorized physicians, effective December 29, 2008. Dr. Kadura's current address is 24 Mexico Street, Camden, New York 13316-1204

Dr. Kadura is prohibited from rendering medical or other treatment and care to individuals who have suffered work-related injuries or illnesses. Medical reports submitted by Dr. Kadura for treatment rendered prior to December 29, 2008, are valid, but are invalid for any treatment rendered on or after that date. Requests to cross-examine Dr. Kadura regarding treatment he rendered prior to December 29, 2008, should not be denied due to his removal from the list of authorized physicians.

Any questions regarding these matters should be referred to the Office of General Counsel at (518) 486-9564.

Zachary S. Weiss
Chair