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Subject Number 046-677 Temporary Suspension of Dr. Brian Aberger's Authorizations to Treat Injured Workers and to Perform Independent Medical Examinations Effective April 9, 2014

Subject Numbers Regarding Health Provider Authorizations

Authorization No. C04263-2B

April 9, 2014

Pursuant to Workers' Compensation Law Sections 13-l(12) and 13-d(4), the Chair of the New York State Workers' Compensation Board has exercised his authority to temporarily suspend Dr. Brian Aberger’s authorizations to treat injured workers and to perform independent medical examinations in the New York State workers’ compensation system effective April 9, 2014. Dr. Aberger's last known business address is 164-01 Jewel Avenue, Fresh Meadows, NY 11365.

The Chair’s designee’s investigation revealed that between July 6, 2010, and August 23, 2011, Dr. Aberger submitted thirteen C-4.2 forms to a workers’ compensation carrier for reimbursement purposes relating to services in connection with a workers’ compensation claimant that he never actually provided.

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

Dr. Aberger is prohibited from rendering treatment and care to injured workers and from performing independent medical examinations while his authorizations are temporarily suspended. Reports submitted by Dr. Aberger for services rendered prior to April 9, 2014, are valid, but are invalid for any services rendered on or after that date. Requests to cross-examine Dr. Aberger for services rendered prior to April 9, 2014 should not be denied due to the suspension of his authorizations.

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
Chair