Subject Numbers Regarding Health Provider Authorizations

Authorization No. 269531-0W

August 26, 2025

Pursuant to Workers' Compensation Law (WCL) Section 13-d(2)(a), the Chair of the New York State Workers' Compensation Board (Board) has exercised her authority to remove the authorization of Dr. Jonathan Simhaee (hereinafter, "the provider") to treat injured workers in the New York State workers' compensation system effective August 25, 2025. The provider's last known business address is:

Brooklyn Premier Orthopedics
1414 Newkirk Avenue
Brooklyn, New York 11226

The Board found that on numerous occasions, the provider had submitted prior authorization requests (PARs) pursuant to 12 New York Codes, Rules and Regulations § 441.5, which improperly and falsely designated "None of the Above" as the therapeutic category for the prescribed drug, which is considered a submission of false statement as to a material fact in a medical report, in violation of WCL § 13-d(2)(d). False category designation also affects patient safety as it prevents the Board from conducting a proper review, which ensures that medically necessary prescriptions are approved, and those which may cause patient harm are denied.

The provider entered into an agreement with the Board to cease submitting PARs containing the designation of an incorrect, or false, therapeutic category. However, the provider continued to submit false PARs in breach of said agreement. Accordingly, the Board determined to remove the provider's authorization (Determination). In response, the provider commenced an Article 78 proceeding to annul the Board's determination, with said Determination stayed pending the outcome of the provider's Article 78 action.

On August 25, 2025, by Decision and Order of Supreme Court Justice Thomas D. Buchanan, the Supreme Court, County of Schenectady denied Provider's Petition in the Matter of the Application of Jonathan Simhaee, M.D. vs. New York State Workers' Compensation Board (Index No. 2025-1373).

Dr. Simhaee is prohibited from rendering treatment and care to injured workers, from conducting independent medical examinations upon injured workers, and from conducting reviews of records regarding variance requests pursuant to 12 New York Codes, Rules and Regulations § 324.3(b)(2). Reports submitted by the provider for services rendered prior to August 25, 2025, are valid but are invalid for any services rendered on or after that date. Requests to cross-examine the provider for services rendered prior to August 25, 2025, should not be denied due to the removal of their authorization.

Any questions regarding the authorized lists should be referred to the Medical Director's Office at 1 (800) 781-2362.