Opinion
April 4, 1991
Appeal from the Unemployment Insurance Appeal Board.
There is substantial evidence in the record to support the Unemployment Insurance Appeal Board's decision that North American Van Lines, Inc. (hereinafter NAVL) had substantial control over claimant, thus indicating that an employer/employee relationship existed. For example, although claimant was permitted to work for other carriers, this was subject to NAVL's authorization, thereby limiting claimant's ability to generate business of his own, and NAVL was the source of claimant's access to work and customers (see, Matter of Webley [Graphic Transmissions — Roberts], 133 A.D.2d 885). In addition, NAVL's name was printed on the tractor and trailer and NAVL owned the trailer that claimant hauled (see, Matter of Davis [RTC Transp. — Roberts], 111 A.D.2d 1030, 1031). Finally, claimant was not allowed to refuse any loads that NAVL asked him to haul and he was required to call in by a certain time every day to report the progress of his trip. While other factors may support NAVL's contention that claimant was an independent contractor, affirmance is required since the determination that claimant was an employee of NAVL is supported by substantial evidence (see, Matter of Blount [Whalen's Moving Stor. Co. — Hartnett], 154 A.D.2d 849, 849-850, lv denied 76 N.Y.2d 702).
Decision affirmed, without costs. Casey, J.P., Mikoll, Levine, Mercure and Crew III, JJ., concur.