Elawyers Elawyers
Washington| Change

MATTER OF WALKER v. EXAMONE WORLD WIDE, INC., 137 A.D.3d 1401 (2016)

Court: Supreme Court of New York Number: innyco20160310299 Visitors: 9
Filed: Mar. 10, 2016
Latest Update: Mar. 10, 2016
Summary: Clark , J. Claimant, a licensed phlebotomist, worked as a mobile exam technician for ExamOne World Wide, Inc., which was in the business of providing a service to its clients, insurance companies, by retaining examiners to conduct medical tests and obtain specimens and medical histories from applicants seeking insurance coverage. After claimant ceased working for ExamOne and applied for unemployment insurance benefits, an Administrative Law Judge determined, following a hearing, that ExamOn
More

Claimant, a licensed phlebotomist, worked as a mobile exam technician for ExamOne World Wide, Inc., which was in the business of providing a service to its clients, insurance companies, by retaining examiners to conduct medical tests and obtain specimens and medical histories from applicants seeking insurance coverage. After claimant ceased working for ExamOne and applied for unemployment insurance benefits, an Administrative Law Judge determined, following a hearing, that ExamOne was liable for additional unemployment insurance contributions based upon remuneration paid to claimant and others similarly situated. The Unemployment Insurance Appeal Board upheld the decisions. ExamOne appeals, arguing that claimant and its other mobile examiners were independent contractors and not its employees.

For the reasons set forth in our prior decisions involving similarly situated mobile examiners employed by ExamOne, the decisions of the Board are affirmed (see Matter of Scinta [ExamOne World Wide Inc. — Commissioner of Labor], 113 A.D.3d 959 [2014]; see also Matter of Lawlor [ExamOne World Wide Inc. — Commissioner of Labor], 130 A.D.3d 1345 [2015]; Matter of Dickson [ExamOne World Wide Inc. — Commissioner of Labor], 130 A.D.3d 1340 [2015]). Furthermore, the Board also properly held that the findings of employment applied to other mobile examiners similarly situated to claimant (see Labor Law § 620 [1] [b]; Matter of Mitchum [Medifleet, Inc. — Commissioner of Labor], 133 A.D.3d 1156, 1157-1158 [2015]).

Ordered that the decisions are affirmed, without costs.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer