MATTER OF NIAGARA EMERGENCY PHYSICIANS GROUP


174 A.D.2d 911 (1991)

In the Matter of Niagara Emergency Physicians Group, P. C., Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 20, 1991


The record supports the conclusion that the physicians engaged by Niagara Emergency Physicians Group, P. C. (hereinafter NEPG) were its employees and not independent contractors. Where, as here, professional services are involved and there is an absence of direct control, an employment relationship can be found where there is "substantial evidence of control over important aspects of the services performed other than results or means" (Matter of Concourse Ophthalmology...

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