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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. 046-788

Temporary Suspension of Dr. John Joseph Brennan's
Authorization to Treat Injured Workers
Effective July 27, 2015

Authorization No. 211330-6W

Date: July 24, 2015

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. John Joseph Brennan's authorization to treat injured workers within the New York State workers' compensation system effective July 27, 2015. Dr. Brennan's last known business address is 6 Technology Drive, Suite 100, East Setauket, New York 11733.

The Chair's designee's investigation revealed that during his treatment of a patient (Mr. Decker) between April 9, 2014 and November 5, 2014, for whom he requested approval for performance of a diagnostic arthroscopy on the left knee, Dr. Brennan failed to document the required criteria under the Medical Treatment Guidelines for approval of the procedure, including inconclusive film findings, failure of more conservative measures, documentation of physical therapy, sufficient consistent pain and functional limitations. The Board's investigation includes a deposition of Dr. Brennan that took place on June 12, 2015, during which he admitted that his medical records were insufficient and possibly mistaken.

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

Dr. Brennan is prohibited from rendering treatment and care to injured workers while his authorization is temporarily suspended. Reports submitted by Dr. Brennan for services rendered prior to July 27, 2015, are valid, but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Brennan for services rendered prior to July 27, 2015, 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