In re the Claim of Juergens
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 22, 1998, which ruled that PharmFlex, Inc. was liable for additional employment insurance contributions based on remuneration paid to claimant and to all other persons similarly employed.
Claimant worked as a marketing representative, calling on physicians for PharmFlex, Inc., a pharmaceutical marketing business. He was initially compensated at the rate of $17.50 for each doctor called upon and PharmFlex reimbursed expenses incurred by him. Later his compensation was changed to $20 per call and no expenses were reimbursed. He was paid
This proof constitutes substantial evidence to support the Unemployment Insurance Appeal Board’s finding of an employment relationship (see, Matter of Atac [Fashion Realty Group— Commissioner of Labor], 265 AD2d 777), which mandates affirmance of the Board’s determination notwithstanding that the record contains evidence of an independent contractor status and that claimant’s contract identified him as such (see, Matter of Wassey [Kenmark Opt. Co. — Commissioner of Labor], 255 AD2d 650; Matter of Braunstein [Dinaire Corp. — Commissioner of Labor], 250 AD2d 899).
Cardona, P. J., Mercure, Peters, Carpinello and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.