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Subject Number 046-1476 Temporary Suspension of Dr. Stephen J. Nicholas

Subject Numbers Regarding Health Provider Authorizations

Authorization No. 172648-8W

November 16, 2021

Pursuant to Workers' Compensation Law (WCL) Section 13-d(4), the Chair of the New York State Workers' Compensation Board has exercised her authority to temporarily suspend Dr. Stephen J. Nicholas' authorization to treat injured workers within the New York State workers' compensation system effective November 11, 2021. Dr. Nicholas' last known business address is:

NY Orthopedics
159 East 74th Street, 2nd Floor
New York, New York 10021

The Chair's designee's investigation has revealed that, despite multiple written requests, Dr. Nicholas has failed and refused to provide the Board with proof of reimbursement of the sum of $6,843.13 to the injured worker's private health insurer, which sum having also been paid to Dr. Nicholas by the injured worker's workers' compensation insurer for the same treatment.

As a result of the foregoing, the Chair believes that Dr. Nicholas 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. Nicholas 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. Nicholas for services rendered prior to November 11, 2021, are valid but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Nicholas for services rendered prior to November 11, 2021, 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
Chair