Claim of Mailepors v. Dutchess County Department of Mental Hygiene

Appeal by claimant from a decision of the Workers’ Compensation Board, filed June 13,1980, which denied her claim for benefits. Claimant was employed by respondent employer as a psychiatrist. The issue before the board was whether her status as a consultant was that of employee or independent contractor within the meaning of the Workers’ Compensation Law. The board found her not to be an employee and the sole issue on appeal is whether or not there is substantial evidence to support that determination. The record discloses, among other things, that claimant could control the number of hours…