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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. 046-944

Temporary Suspension of Dr. David Stuart Shenker’s
Authorization to Treat Injured Workers
Effective May 11, 2017

Authorization No. 155711-5W

Date: May 15, 2017

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. David Stuart Shenker’s authorization to treat injured workers within the New York State workers’ compensation system effective May 11, 2017. Dr. Shenker's last known business address is 841 Worcester Street #525, Natick, Massachusetts 01760.

The Chair’s designee’s investigation has revealed that the New York State Department of Health, State Board for Professional Medical Conduct (BPMC) has issued Order # 17-127, wherein Dr. Shenker did not contest the charges against him, including that he failed to adequately interpret the results of one or more diagnostic tests for a patient, failed to adequately document a patient’s condition, failed to adequately evaluate a patient, and/or failed to transfer a patient for vascular surgery, improperly discharged a patient to the Behavioral Services Unit, and failed to create a discharge plan for a patient. This resulted in a three (3) year probationary period during which Dr. Shenker must successfully complete a continuing education program in medical record keeping, and he must successfully complete the Med-Challenger Emergency Medicine Board Review Course.

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

Dr. Shenker is prohibited from rendering treatment and care to injured workers while his authorization is temporarily suspended. Reports submitted by Dr. Shenker for services rendered prior to May 11, 2017, are valid, but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Shenker for services rendered prior to May 11, 2017, 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.

 

Kenneth J. Munnelly
Chair