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Subject Number 046-524 Temporary Suspension of Dr. David Zelefsky's Authorization to Treat Injured Workers Effective May 1, 2013

Subject Numbers Regarding Health Provider Authorizations

Authorization No. 179735-6W

May 3, 2013

Pursuant to Workers' Compensation Law Section 13-d (5), the Chair of the New York State Workers' Compensation Board has exercised his authority to temporarily suspend Dr. Zelefsky's authorization to treat injured workers effective May 1, 2013. Dr. Zelefsky's last known business address is 28-18 31st Street, 2nd Floor, Astoria, New York, 11102 and 125 North Central Avenue, Valley Stream, New York 11580.

The Chair's designee's investigation revealed that a criminal case is pending against Dr. Zelefsky in the United States District Court, Eastern District of New York, [13M0124]. In the complaint and affidavit in support of the application for an arrest warrant, it is alleged that Dr. Zelefsky, together with others, "did knowingly and willfully execute and attempt to execute a scheme and artifice to defraud a private insurance carrier, a self-insured employer and the New York State Insurance Fund," and to obtain money and property thereby, "…in connection with the delivery of and payment for health care benefits, items, and services." Therefore, the Chair believes that Dr. Zelefsky may be guilty of misconduct.

Independently, an investigation with respect to Dr. Zelefsky's authorization to treat injured workers led to the service of interrogatories, served March 6, 2013. The interrogatories centered upon the provision of medical care and treatment of injured workers. Dr. Zelefsky responded by invoking his Fifth Amendment right to decline to answer any and all of the questions in the interrogatories, pursuant to the pending criminal charges.

Dr. Zelefsky is prohibited from rendering treatment and care to injured workers while his authorization is temporarily suspended. Reports submitted by Dr. Zelefsky for services rendered prior to May 1, 2013, are valid, but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Zelefsky for services rendered prior to May 1, 2013, 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