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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. 046-726

Temporary Suspension of Dr. Wayne Wertheim's
Authorization to Treat Injured Workers
Effective September 2, 2014

Authorization No. 137692-0W

Date: September 19, 2014

Pursuant to Workers' Compensation Law Section 13-d(4), the Chair of the New York State Workers' Compensation Board has exercised his authority to temporarily suspend Dr. Wayne Wertheim’s authorization to treat injured workers within the New York State workers’ compensation system effective September 2, 2014. Dr. Wertheim's last known business address is 118 Glen Cove Road, Roslyn Heights, New York 11577.

The Chair’s designee’s investigation revealed that the New York State Department of Health, State Board for Professional Medical Conduct (BPMC) issued Order # 14-116, wherein Dr. Wertheim did not contest the charge of violating Public Health Law § 230-D by performing office based surgery on patients after his office based surgery accreditation had lapsed. Dr. Wertheim was penalized with censure and reprimand with probation for 24 months. In addition, his license was restricted wherein he can only practice medicine when his practice is monitored by a licensed physician, board certified in an appropriate specialty. This condition is in effect for 12 months but may be extended to the full 24 months if the Director warrants an extension is necessary.

Therefore, the Chair believes that Dr. Wertheim may be guilty of misconduct, and that such misconduct would detrimentally affect the quality of care provided to injured workers.

Dr. Wertheim is prohibited from rendering treatment and care to injured workers while his authorization is temporarily suspended. Reports submitted by Dr. Wertheim for services rendered prior to September 2, 2014, are valid, but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Wertheim for services rendered prior to September 2, 2014 should not be denied due to the suspension of his authorization.

This suspension remains in effect until further notice. Any questions regarding the authorized lists should be referred to the Medical Director’s Office at 1 (800) 781-2362.

 

Robert E. Beloten
Chair