Home Commission Issues Remand Order in Steven S. Moalemi, M.D., P.C., d/b/a Empire Physical Medicine and Pain Management

Commission Issues Remand Order in Steven S. Moalemi, M.D., P.C., d/b/a Empire Physical Medicine and Pain Management

Commission Issues Remand Order in Steven S. Moalemi, M.D., P.C., d/b/a Empire Physical Medicine and Pain Management

On January 2, 2019, the Occupational Safety and Health Administration issued a citation to Steven S. Moalemi, M.D., P.C., alleging three serious violations of OSHA standards and proposing a total penalty of $7,392. On August 27, 2019, Administrative Law Judge William S. Coleman issued an Order of Dismissal declaring the Respondent, appearing pro se, to be in default, dismissing his Notice of Contest, and affirming the citation and total proposed penalty. For the reasons discussed below, we set aside the judge’s order and remand for further proceedings consistent with this opinion. The judge based his dismissal order on Respondent’s failure to appear for four mandatory prehearing telephone conferences and to respond to an order to show cause why he should not be