In re the Claim of Michaud
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 6, 1995, which ruled that claimant was entitled to receive unemployment insurance benefits.
Claimant worked from January 1991 to April 1991 as an investigator for the employer, a company engaged in the business of insurance claims adjustment. She was paid at the rate of $14 per hour to investigate and submit written reports on claims involving motor vehicle accidents and "slip and fall” cases. Her duties included taking statements from insureds and witnesses and sketching and photographing accident scenes. Claimant’s position with the employer ended after she broke her leg. The Board ultimately determined that claimant was eligible for unemployment insurance benefits on the ground that the employer had exercised sufficient control over her work to render her its employee rather than an independent contractor. The employer appeals.
The determination of whether an employer-employee relationship exists turns on whether it can be shown that the employer had direct control over either the results achieved by the employee or over the means used by the employee to achieve said results (see, Matter of Rivera [State Line Delivery Serv.—Roberts], 69 NY2d 679, cert denied 481 US 1049; Matter
Mikoll, J. P., Crew III, White, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.