Salamanca Nursing Home, Inc., Matter of

• Decision Date: 23 October 1986
• Citation: 508 N.Y.S.2d 939,68 N.Y.2d 901
• Parties: , 501 N.E.2d 588 In the Matter of SALAMANCA NURSING HOME, INC., et al., Appellants. Lillian Roberts, as Commissioner of Labor, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 939

508 N.Y.S.2d 939

68 N.Y.2d 901, 501 N.E.2d 588

In the Matter of SALAMANCA NURSING HOME, INC., et al., Appellants Lillian Roberts, as Commissioner of Labor, Respondent.

Court of Appeals of New York.

Oct. 23, 1986.

Roger P. Gilson, New York City, for appellants

Robert Abrams, Atty. Gen. (O. Peter Sherwood, Albany, and Frederick M. Paola, New York City, of counsel), for respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed.

Petitioners, who operate a nursing home for the aged and infirm, appeal from a determination of the Unemployment Insurance Appeal Board, affirmed by the Appellate Division, 117 A.D.2d 903, 499 N.Y.S.2d 229, that certain part-time professionals working for it, i.e., a medical director, a social services consultant and a dietician consultant, are employees for purposes of unemployment insurance. They contend that to be considered an employer for such purposes a medical facility must actually exercise control over the means and product of the part-time medical professionals' work.

Generally, control over the results produced by work and the means used to achieve those results determines whether an employer-employee relationship exists (Matter of 12 Cornelia St. 56 N.Y.2d 895, 453 N.Y.S.2d 402, 438 N.E.2d 1117). However, we have recognized that medical professionals, because of their professional and ethical responsibilities, are not subject to control to the same extent or in the same manner as others (Matter of Goldstein 61 N.Y.2d 937, 474 N.Y.S.2d 969, 463 N.E.2d 370). Thus, we have held that over-all control is sufficient to establish the employee relationship where medical work is concerned (Matter of Concourse Ophthalmology Assoc. 60 N.Y.2d 734, 469 N.Y.S.2d 78, 456 N.E.2d 1201).

Notwithstanding this rule, petitioners claim that the supervision they exercise is based upon contractual language mandated by regulation, 10 NYCRR 400.4 (a) (4), reserving institutional control over the work of the medical professionals. They rely on 12 Cornelia St. for the proposition that language in the employment contracts cannot serve as the sole predicate for a determination of an employer-employee relationship. This case differs from 12 Cornelia St., however, because the nursing home's contractual language is much broader than that mandated by 10 NYCRR 400.4. The agreements provide that "Salamanca Nursing Home, Inc. retains professional and administrative responsibilities for the...