Opinion
2014-06-19
In the Matter of the Claim of Tadia R. GODDARD, Respondent. Summit Health, Inc., Appellant. Commissioner of Labor, Respondent.
Nixon Peabody, LLP, Albany (John E. Higgins of counsel), for appellant. James W. Cooper, Warrensburg, for Tadia R. Goddard, respondent.
Nixon Peabody, LLP, Albany (John E. Higgins of counsel), for appellant. James W. Cooper, Warrensburg, for Tadia R. Goddard, respondent.
Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for Commissioner of Labor, respondent.
Before: STEIN, J.P., GARRY, EGAN JR., LYNCH and DEVINE, JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 15, 2012, which ruled, among other things, that Summit Health, Inc. was liable for unemployment insurance contributions based on remuneration paid to claimant and others similarly situated.
Claimant works as a certified medical assistant for Summit Health, Inc., a health and wellness company that provides health screenings and flu immunization to employees of corporate clients at the clients' workplace. The Unemployment Insurance Appeal Board determined, among other things, that claimant was an employee of Summit and that Summit was liable for unemployment insurance contributions on remuneration paid to claimant and others similarly situated. Summit appeals.
We affirm. “The existence of an employer-employee relationship is a factual issue for the Board to resolve and its determination will not be disturbed so long as it is supported by substantial evidence” (Matter of Singh [Thomas A. Sirianni, Inc.-Commissioner of Labor], 43 A.D.3d 498, 498, 840 N.Y.S.2d 245 [2007] [citations omitted]; see Matter of Columbia Artists Mgt. LLC [Commissioner of Labor], 109 A.D.3d 1055, 1056, 972 N.Y.S.2d 343 [2013] ). “Where, as here, medical professionals are involved, the pertinent inquiry is whether the purported employer exercised overall control over the work performed” (Matter of Scinta [ExamOne World Wide Inc.-Commissioner of Labor], 113 A.D.3d 959, 960, 978 N.Y.S.2d 470 [2014] [citations omitted]; see Matter of Concourse Ophthalmology Assoc. [Roberts], 60 N.Y.2d 734, 736, 469 N.Y.S.2d 78, 456 N.E.2d 1201 [1983];Matter of Loughran [Foley Nursing Agency–Commissioner of Labor], 258 A.D.2d 857, 858, 686 N.Y.S.2d 510 [1999],lv. dismissed93 N.Y.2d 957, 694 N.Y.S.2d 634, 716 N.E.2d 699 [1999];Matter of Boone [Shore Rd. Community Serv.-Sweeney], 245 A.D.2d 617, 618, 664 N.Y.S.2d 679 [1997] ).
Here, Summit schedules with its clients when and where the screenings will take place, as well as what services are to be performed. Although claimant was free to choose which screenings, if any, she wanted to work, once she accepted, she was required to follow Summit's published best practices guidelines. Further, Summit would pay claimant for two hours of work if the client cancelled the screening, but could fine her if she did not show up or was late for a screening. Summit provides the equipment and supplies for the screenings and reimburses certain transportation expenses, including tolls and parking fees. Accordingly, we find that there is substantial evidence to support the Board's determination that Summit retained sufficient overall control over the work performed by claimant and those similarly situated to establish an employer-employee relationship, despite evidence in the record supporting a contrary result ( see Matter of Scinta [ExamOne World Wide Inc.-Commissioner of Labor], 113 A.D.3d at 960–961, 978 N.Y.S.2d 470;Matter of Loughran [Foley Nursing Agency–Commissioner of Labor], 258 A.D.2d at 857–858, 686 N.Y.S.2d 510;Matter of Skeete [Cooper Sq. Nurses Registry–Commissioner of Labor], 253 A.D.2d 926, 926, 678 N.Y.S.2d 153 [1998],lv. denied93 N.Y.2d 802, 687 N.Y.S.2d 626, 710 N.E.2d 273 [1999] ).
Even if, as Summit argues, the overall control test is not applicable here, we would find that Summit exercised sufficient control under the general standard as well ( see generally Matter of Columbia Artists Mgt. LLC [Commissioner of Labor], 109 A.D.3d at 1056–1057, 972 N.Y.S.2d 343).
ORDERED that the decision is affirmed, without costs.