Long Island Spine Surgeon Seeks Reinstatement to Workers’ Compensation Program
A Long Island spinal surgeon is challenging a state decision to revoke his ability to treat patients under New York’s workers’ compensation system, court records show.
Dr. Vadim Lerman, associate director of spine surgery at Total Orthopedics & Sports Medicine and holding the same title at Nassau University Medical Center (NUMC), filed a petition yesterday in Schenectady County Court seeking to overturn the State Workers’ Compensation Board’s April decision. The board denied Lerman’s renewal application, citing five cases where he allegedly performed “highly invasive” surgeries without medical justification, along with “questionable billing irregularities” and inadequate medical recordkeeping. Lerman is also a defendant in four federal racketeering lawsuits alleging a scheme to fraudulently collect insurance payouts.
Lerman’s attorneys argue the board’s determination was “arbitrary, capricious and unlawful,” and based on a “baseless complaint” from an insurance company. “The WCB’s decision was not the product of a fair or objective regulatory process,” said attorney Mickey Keane, adding that the board’s actions mirrored arguments made in a similar case last summer. However, the board’s medical director, James Tacci, stated that an “expert” spinal surgeon supporting Lerman lacks experience within New York’s workers’ compensation system and is not authorized to treat injured workers in the state. The controversy highlights ongoing concerns about potential fraud and improper practices within the state’s workers’ compensation system, which provides benefits to employees injured on the job.
The Workers’ Compensation Board alleges Lerman opted for surgical procedures prematurely, without thorough patient evaluations or consideration of less invasive options, and with insufficient documentation. Court filings indicate a connection between Total Orthopedics and NUMC, with surgeons potentially directing patients to NUMC for costly spinal surgeries, contributing to the hospital’s existing $1.4 billion debt. A criminal investigation related to the racketeering complaints is also underway by the Brooklyn District Attorney’s Office, though no charges have been filed to date. You can learn more about the New York State Workers’ Compensation Board here.
The board maintains its investigation is justified given the allegations, and that it has an obligation to protect injured workers. Officials stated they will vigorously defend their decision in court.
