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Subject Number 046-1617 Temporary Suspension of Dr. Stephan L. Martone

Subject Numbers Regarding Health Provider Authorizations

Authorization No. 290183-3W

July 31, 2023

Pursuant to Workers' Compensation Law Section 13-d(4), the Chair of the New York State Workers' Compensation Board has exercised her authority to temporarily suspend Dr. Stephan L. Martone's authorization to treat injured workers within the New York State workers' compensation system effective May 4, 2023. Dr. Martone's last known business address is:

Trauma/Critical Care
50 New Scotland Avenue
Albany, New York 12208

The Chair's designee's investigation has revealed that, despite multiple written requests, Dr. Martone has failed and refused to provide the Board with proof of reimbursement of the sum of $523.09 to an injured worker's private health insurer, which sum having also been paid to Dr. Martone by the workers' compensation insurer for the same treatment.

As a result of the foregoing, the Chair believes that Dr. Martone may be 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."

Dr. Martone is prohibited from rendering treatment and care to injured workers, and from conducting reviews of records regarding variance requests pursuant to 12 NYCRR § 324.3(b)(2)(ii)(a), while his authorization is temporarily suspended. Reports submitted by Dr. Martone for services rendered prior to May 4, 2023, are valid but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Martone for services rendered prior to May 4, 2023, 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.

Clarissa M. Rodriguez