Oakland doctor suspended from workers’ comp system

An Oakland orthopedic surgeon who surrendered his medical license last year on grounds of sexual misconduct and unprofessional conduct has now also been suspended from participating in California’s workers’ compensation system, a state agency said.

The action against Dr. John David Warbritton III was announced by the Division of Workers’ Compensation, which is a division of the Department of Industrial Relations.

The Division of Workers’ Compensation said Warbritton was one of 20 medical providers it recently suspended from participating in the workers’ compensation system, bringing the total number of providers suspended to 197.

It said the providers were suspended for fraud or other criminal actions, or for the loss of their license.

Warbritton, who had an office at Frank Ogawa Plaza in Oakland, surrendered his medical license on April 7, 2017, after the California Medical Board accused him of sexually harassing two of his workers’ compensation patients.

A complaint filed against Warbritton by Kimberly Kirchmeyer, the executive director of the state Department of Consumer Affairs’ medical board, says that Warbritton engaged in unprofessional conduct and sexual misconduct with a female patient who was referred to him by an insurance company in 2009 when she was 59 to be evaluated for a work-related back injury.

The complaint says that Warbritton made inappropriate comments to the woman during her frequent visits to his office and on one occasion he moved his hands up her thigh underneath a gown she was wearing.

The complaint also says that Warbritton cupped the breast of another female patient who was first referred to him in 2008 when she was 59.

Warbritton is also facing felony criminal charges in federal court for allegedly transporting child pornography.

 

The criminal indictment, which was filed on Oct. 13, 2016, alleges that Warbritton violated federal law by knowingly transporting child pornography and demanded the forfeiture of his laptop computer and iPhone.