In re the Claim of Scinta, 113 A.D.3d 959 (N.Y. App. Div. 2014). · Go Syfert
In re the Claim of Scinta, 113 A.D.3d 959 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
36 citation events (36 in the last 25 years) across 1 distinct court.
Strongest positive: In re the Claim of O'Shea (nyappdiv, 2016-06-09)
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Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) In re the Claim of O'Shea
N.Y. App. Div. · 2016 · confidence medium
Overall, substantial evidence supports the Board’s decision that CEP retained sufficient control over claimant’s services to establish an employment relationship (see Matter of Lustgarten [New York Psychotherapy & Counseling Ctr. — Commissioner of Labor], 123 AD3d 1212 , 1213 [2014]; Matter of Scinta [ExamOne World Wide Inc. — Commis sioner of Labor], 113 AD3d at 961; compare Matter ofTulumello [Coastal Emergency Servs. of Rochester — Hudacs], 211 AD2d 852, 853 [1995]).
discussed Cited as authority (rule) In re the Claim of O'Shea
N.Y. App. Div. · 2016 · confidence medium
Overall, substantial evidence supports the Board’s decision that CEP retained sufficient control over claimant’s services to establish an employment relationship (see Matter of Lustgarten [New York Psychotherapy & Counseling Ctr. — Commissioner of Labor], 123 AD3d 1212 , 1213 [2014]; Matter of Scinta [ExamOne World Wide Inc. — Commis sioner of Labor], 113 AD3d at 961; compare Matter ofTulumello [Coastal Emergency Servs. of Rochester — Hudacs], 211 AD2d 852, 853 [1995]).
discussed Cited as authority (rule) Matter of Ryan (Commr. of Labor)
N.Y. App. Div. · 2016 · confidence medium
Notwithstanding proof in the record that might support a contrary conclusion, we find that the foregoing constitutes substantial evidence to support the Board’s decisions that La Cruz, while not directly supervising claimant’s daily RT activities for the client, retained sufficient overall control over the work performed by claimant and those similarly situated to establish an employer-employee relationship (see Matter of Goddard [Summit Health, Inc .—Commis sioner of Labor], 118 AD3d at 1201-1202; Matter of Scinta [ExamOne World Wide Inc. —Commissioner of Labor], 113 AD3d at 960-961; …
discussed Cited as authority (rule) In re the Claim of Lustgarten
N.Y. App. Div. · 2014 · confidence medium
Based upon the foregoing, we conclude that substantial evidence supports the Board’s determination that NYPCC retained sufficient overall control over the work performed by claimant and those similarly situated in order to establish an employee-employer relationship, notwithstanding other proof in the record that could support a contrary result (see Matter of Goddard [Summit Health, Inc. —Commissioner of Labor], 118 AD3d at 1201-1202; Matter of Scinta [ExamOne World Wide Inc. —Commissioner of Labor], 113 AD3d at 960-961).
discussed Cited as authority (rule) In re the Claim of Lustgarten
N.Y. App. Div. · 2014 · confidence medium
Based upon the foregoing, we conclude that substantial evidence supports the Board’s determination that NYPCC retained sufficient overall control over the work performed by claimant and those similarly situated in order to establish an employee-employer relationship, notwithstanding other proof in the record that could support a contrary result (see Matter of Goddard [Summit Health, Inc. —Commissioner of Labor], 118 AD3d at 1201-1202; Matter of Scinta [ExamOne World Wide Inc. —Commissioner of Labor], 113 AD3d at 960-961).
discussed Cited as authority (rule) MatterofLustgarten(Commr.ofLabor)
N.Y. App. Div. · 2014 · confidence medium
Based upon the foregoing, we conclude that substantial evidence supports the Board's determination that NYPCC retained sufficient overall control over the work performed by claimant and those similarly situated in order to establish an employee-employer relationship, notwithstanding other proof in the record that could support a contrary result (see Matter of Goddard [Summit Health, Inc.–Commissioner of Labor], 118 AD3d at 1201-1202; Matter of Scinta [ExamOne World Wide Inc.–Commissioner of Labor], 113 AD3d at 960-961).
discussed Cited as authority (rule) In re the Claim of Goddard
N.Y. App. Div. · 2014 · confidence medium
Accordingly, we find that there is substantial evidence to support the Board’s determination that Summit retained suf ficient 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 AD3d at 960-961; Matter of Loughran [Foley Nursing Agency—Commissioner of Labor], 258 AD2d at 857-858 ; Matter of Skeete [Cooper Sq.
discussed Cited as authority (rule) In re the Claim of Goddard
N.Y. App. Div. · 2014 · confidence medium
Accordingly, we find that there is substantial evidence to support the Board’s determination that Summit retained suf ficient 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 AD3d at 960-961; Matter of Loughran [Foley Nursing Agency—Commissioner of Labor], 258 AD2d at 857-858 ; Matter of Skeete [Cooper Sq.
discussed Cited as authority (rule) In re the Claim of Ruano
N.Y. App. Div. · 2014 · confidence medium
Notwithstanding record proof that could support a contrary result, the foregoing proof constitutes substantial evidence supporting the determination that claimant and others similarly situated are employees of LIS and not independent contractors (see Matter of Scinta [ExamOne World Wide Inc.— Commissioner of Labor], 113 AD3d at 960-961; Matter of Tekmitchov [Musika LLC], 110 AD3d 1301 , 1301 [2013], lv dismissed 23 NY3d 941 [2014]; Matter of FMI Interpreting Servs. [Hudacs], 192 AD2d 1006, 1006-1007 [1993]; compare Matter of John Lack Assoc., LLC [Commissioner of Labor], 112 AD3d 1042 , 1043…
discussed Cited as authority (rule) In re the Claim of Ruano
N.Y. App. Div. · 2014 · confidence medium
Notwithstanding record proof that could support a contrary result, the foregoing proof constitutes substantial evidence supporting the determination that claimant and others similarly situated are employees of LIS and not independent contractors (see Matter of Scinta [ExamOne World Wide Inc.— Commissioner of Labor], 113 AD3d at 960-961; Matter of Tekmitchov [Musika LLC], 110 AD3d 1301 , 1301 [2013], lv dismissed 23 NY3d 941 [2014]; Matter of FMI Interpreting Servs. [Hudacs], 192 AD2d 1006, 1006-1007 [1993]; compare Matter of John Lack Assoc., LLC [Commissioner of Labor], 112 AD3d 1042 , 1043…
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Kellene
v.
Scinta, ExamOne World Wide Inc., Appellant Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Jan 16, 2014.
113 A.D.3d 959
Published

ExamOne World Wide Inc. is engaged in the business of providing medical information and laboratory results to insurance companies to assist them in underwriting various types of insurance. It retained individuals with phlebotomy licenses, such as claimant, to act as insurance examiners for the purpose of obtaining blood specimens, administering laboratory tests and taking medical histories from insurance applicants. After[*960] claimant ceased working for ExamOne and applied for unemployment insurance benefits, the Department of Labor issued an initial determination finding that claimant was eligible to receive benefits and that ExamOne was liable for contributions based upon remuneration paid to claimant and others similarly situated. An Administrative Law Judge sustained this determination following a hearing and the Unemployment Insurance Appeal Board concurred, ruling that claimant and others similarly situated were employees of ExamOne, not independent contractors.* ExamOne now appeals.

Initially, it is well settled that the existence of an employer-employee relationship is a factual issue for the Board to decide and its decision will be upheld if supported by substantial evidence (see Matter of Concourse Ophthalmology Assoc. [Roberts], 60 NY2d 734, 736 [1983]; Matter of Cobrin [Telecom Consulting Group NE Corp. — Commissioner of Labor], 91 AD3d 992 [2012]). Where, as here, medical professionals are involved, the pertinent inquiry is whether the purported employer exercised overall control over the work performed (see Matter of Salamanca Nursing Home [Roberts], 68 NY2d 901, 903 [1986]; Matter of Guidicipietro [Hariton & D’Angelo, LLP — Commissioner of Labor], 24 AD3d 1159, 1160 [2005]).

Here, evidence was presented that claimant responded to an advertisement for examiners posted by ExamOne on craigslist and, after completing an application detailing her qualifications and passing a background check, she was hired and signed an independent contractor agreement like that provided to all examiners. She was paid a percentage of the amount that ExamOne received from the insurance clients based upon the fee schedule for services prepared by ExamOne that was attached to the independent contractor agreement. In addition, ExamOne provided claimant and other examiners with an instruction manual and forms required by the insurance companies and a laboratory collection kit containing necessary medical supplies. Notably, representatives from ExamOne reviewed the completed forms to make sure they were in compliance with necessary requirements. Moreover, while claimant and other examiners were free to work for other employers, they could not assign work to others without ExamOne’s approval. ExamOne also found replacements for examiners who[*961] canceled on short notice and fielded complaints about examiners’ performances. Furthermore, ExamOne provided claimant and the examiners with identification badges that they were to wear when conducting exams. It also paid them regardless of whether it was paid by the client.

Notwithstanding other proof in the record that could support a contrary result, the foregoing constitutes substantial evidence supporting the conclusion that ExamOne retained sufficient overall control over important aspects of the work of claimant and other similarly situated examiners to be considered their employer (see Matter of Guidicipietro [Hariton & D’Angelo, LLP — Commissioner of Labor], 24 AD3d at 1160; Matter of Skeete [Cooper Sq. Nurses Registry — Commissioner of Labor], 253 AD2d 926 [1998], lv denied 93 NY2d 802 [1999]; Matter of Boone [Shore Rd. Community Serv. — Sweeney], 245 AD2d 617, 619 [1997]). Therefore, we find no reason to disturb the Board’s decision. We have considered ExamOne’s remaining contentions and find them to be unpersuasive.

Peters, P.J., Rose, Stein and Garry, JJ., concur. Ordered that the decisions are affirmed, without costs.

It appears that the Department of Labor issued two case numbers in the matter at hand, resulting in a combined hearing and identical decisions in each case by both the Administrative Law Judge and the Unemployment Insurance Appeal Board (see Matter of Richins [Quick Change Artistry, LLC — Commissioner of Labor], 107 AD3d 1342, 1343 n 1 [2013]).