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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. 046-903

Reinstatement of Dr. Peter D. McCann’s
Authorizations to Treat Injured Workers and to
Perform Independent Medical Examinations
Effective November 30, 2016

Authorization No. 146742-2B

Date: December 1, 2016

Pursuant to Workers' Compensation Law Section 13-d(4), the Chair of the New York State Workers' Compensation Board (“Chair”) exercised his authority to temporarily suspend Dr. Peter D. McCann’s authorizations to treat injured workers and to perform independent medical examinations in the New York State workers’ compensation system effective October 31, 2016.

The temporary suspension was based on the Chair’s designee’s investigation, which revealed that despite multiple written requests, Dr. McCann had failed and refused to provide the Board with proof of reimbursement of the sum of $17,455.00 to a claimant’s private health insurer, which sum having also been paid to Dr. McCann by the claimant’s workers’ compensation carrier for the same treatment.

As a result of the foregoing, the Chair believed that Dr. McCann may have been guilty of misconduct under WCL §13-d(2)(f) for the refusal to produce “any relevant book or paper concerning his or her conduct under any authorization granted to him or her under this chapter.”

Upon receipt of proof of reimbursement, the Chair has rescinded the temporary suspension of Dr. McCann and has reinstated his authority to treat injured workers and to perform independent medical examinations effective November 30, 2016. The Medical Director’s Office will restore Dr. McCann to the list of providers authorized to treat injured workers and perform independent medical examinations by November 30, 2016.

 

Kenneth J. Munnelly
Chair