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Subject Number 046-1642 Temporary Suspension of Dr. Ernesto Marin

Subject Numbers Regarding Health Provider Authorizations

Authorization No. 192331-7W

December 7, 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. Ernesto Marin's authorization to treat injured workers within the New York State workers' compensation system effective November 27, 2023. Dr. Marin's last known business addresses are:

Rochester General Hospital
1425 Portland Avenue
Rochester, New York 14621

Linden Oaks Surgery Center
10 Hagen Drive Suite 110
Rochester, New York 14625

Rochester Ambulatory Surgery Center
360 Linden Oaks Drive
Rochester, New York 14625

Newark Wayne Hospital
1200 Driving Park Road
Newark, New York 14513

Clifton Springs Hospital
2 Coulter Road
Clifton Springs, New York 14432

Westside Anesthesia Associates
1555 Long Pond Road
Rochester, New York 14626

Westside Anesthesia Associates
980 Westfall Road
Suite 300
Rochester, New York 14618

Westside Anesthesia Associates
135 Canal Landing Blvd
Rochester, New York 14626

United Memorial Medical Center
127 North Street
Batavia, New York 14020

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 a Consent Order, wherein Dr. Marin is charged with committing professional misconduct as defined in New York State Education Law §6530(32).

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

Dr. Marin 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. Marin for services rendered prior to November 27, 2023, are valid but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Marin for services rendered prior to November 27, 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
Chair