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MATTER OF EISENBERG

533453.

205 A.D.3d 1185 (2022)

169 N.Y.S.3d 164

2022 NY Slip Op 03164

In the Matter of the Claim of David J. Eisenberg, Respondent. CenseoHealth LLC, Appellant. Commissioner of Labor, Respondent.

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

Decided May 12, 2022.

Attorney(s) appearing for the Case

Barclay Damon LLP, Syracuse (Michael J. Sciotti of counsel) and Bass, Berry & Sims PLC, Nashville, Tennessee (Robert W. Horton of counsel, admitted pro hac vice), for appellant.

Scher Law Firm, LLP, Carle Place (Austin Graff of counsel), for David J. Eisenberg, respondent.

Letitia James, Attorney General, New York City (Mary Hughes of counsel), for Commissioner of Labor, respondent.

Lynch, J.P., Clark, Colangelo and McShan, JJ., concur.

CenseoHealth LLC (hereinafter CH) is a business that contracts with various health insurance providers to conduct in-home health assessments for individuals covered under Medicare Advantage and other similar plans. To this end, CH retained claimant, a physician, to perform in-home health assessment services. When claimant...

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