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Subject Number 046-258 Removal of Doctors' Names From The List of Physicians Authorized to Treat and/or Conduct Independent Medical Examinations of Workers' Compensation Claimants

Subject Numbers Regarding Health Provider Authorizations

October 10, 2008

JAMES M. LIGUORI, D.O. (Authorization No. 195052–6W)

Please be advised that, by Consent Order (BPMC No. 08–147), effective August 15, 2008, the New York State Department of Health, State Board for Professional Medical Conduct (BPMC), accepted Dr. James M. Liguori's application for Consent Agreement and Order, wherein he admitted guilt to the charge of failing to maintain accurate records.

Pursuant to Workers' Compensation Law Section 13–d(5), the Chair of the New York State Workers' Compensation Board has exercised his authority to remove Dr. Liguori from the list of authorized physicians, effective September 16, 2008. Dr. Liguori's current address is 1999 Marcus Avenue, Suite M11, New Hyde Park, New York 11042.

Dr. Liguori is prohibited from rendering medical or other treatment and care to individuals who have suffered work–related injuries or illnesses. Medical reports submitted by Dr. Liguori for treatment rendered prior to September 16, 2008, are valid, but are invalid for any treatment rendered on or after that date. Requests to cross–examine Dr. Liguori regarding treatment he rendered prior to September 16, 2008, should not be denied due to his removal from the list of authorized physicians.

EMMANUEL PACKIANATHAN, M.D. (Authorization No. 203833–9W)

Please be advised that, by Consent Order (BPMC No. 08–135), effective July 31, 2008, the New York State Department of Health, State Board for Professional Medical Conduct (BPMC), suspended Dr. Emmanuel Packianthan's license to practice medicine for twelve months, stayed with probation. Dr. Packianthan admitted guilt to the charge of negligence on more than one occasion.

Pursuant to Workers' Compensation Law Section 13–d(5), the Chair of the New York State Workers' Compensation Board has exercised his authority to remove Dr. Packianthan from the list of authorized physicians, effective September 12, 2008. Dr. Packianthan's current address is 1461 Kensington Avenue, Buffalo, New York 14215.

Dr. Packianthan is prohibited from rendering medical or other treatment and care to individuals who have suffered work–related injuries or illnesses. Medical reports submitted by Dr. Packianthan for treatment rendered prior to September 12, 2008, are valid, but are invalid for any treatment rendered on or after that date. Requests to cross–examine Dr. Packianthan regarding treatment he rendered prior to September 12, 2008, should not be denied due to his removal from the list of authorized physicians.

PAOLO S. PASTORE, M.D. (Authorization No. 226948–8B)

Please be advised that, by Consent Order (BPMC No. 08–142), effective August 11, 2008, the New York State Department of Health, State Board for Professional Medical Conduct (BPMC), suspended Dr. Paolo S. Pastore's license to practice medicine for one year, stayed as long as he complies with the terms of probation for five years. By application for said Consent Order, Dr. Pastore did not contest the charge of being dependent on or a habitual user of opioids.

Pursuant to Workers' Compensation Law Section 13–d(5), the Chair of the New York State Workers' Compensation Board has exercised his authority to remove Dr. Pastore from the list of authorized physicians, effective September 16, 2008. Dr. Pastore's current address is 6253 State Route 31, Cicero, New York 13039.

Dr. Pastore is prohibited from rendering medical or other treatment and care to and conducting independent medical examinations of individuals who have suffered work–related injuries or illnesses. Medical reports submitted by Dr. Pastore for treatment or examinations rendered prior to September 16, 2008, are valid, but are invalid for any treatment or examinations rendered on or after that date. Requests to cross–examine Dr. Pastore regarding treatment or examinations he rendered prior to September 16, 2008, should not be denied due to his removal from the list of authorized physicians. In addition, testimony and/or depositions concerning independent medical examinations conducted through September 15, 2008, may be provided.

HILARY B. KERN, M.D. (Authorization No. 193111–2W)

Please be advised that by Determination and Order (BPMC No. 08–02), effective June 23, 2008, the Administrative Review Board of the New York State Department of Health, State Board for Professional Medical Conduct (BPMC) affirmed the December 27, 2007, decision of a BPMC Hearing Committee finding Dr. Hilary B. Kern guilty of professional misconduct. That Determination and Order was temporarily stayed by the Appellate Division, Third Department, New York State Supreme Court. Dr. Kern's motion to stay was later denied by Order of the Appellate Division, Third Department on or about September 5, 2008. Thereafter, the action taken by the Administrative Review Board became effective again on September 19, 2008, which included probation for 5 years and a license limitation that allows Dr. Kern to practice medicine only in a health care facility licensed or operated by the government.

Pursuant to Workers' Compensation Law Section 13–d(5), the Chair of the New York State Workers' Compensation Board has exercised his authority to remove Dr. Kern from the list of authorized physicians, effective October 2, 2008. Dr. Kern's current address is 30 East 40th Street, #1200, New York, New York 10016.

Dr. Kern is prohibited from rendering medical or other treatment and care to individuals who have suffered work–related injuries or illnesses. Medical reports submitted by Dr. Kern for treatment rendered prior to September 19, 2008, are valid, but are invalid for any treatment rendered on or after that date. Requests to cross–examine Dr. Kern regarding treatment she rendered prior to September 19, 2008, should not be denied due to the limitation of her medical license or her removal from the list of authorized physicians.

Any questions regarding these matters should be referred to the Office of General Counsel at 518-486–9564.

Zachary S. Weiss
Chair