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FINLAY v. SECRETARY OF HEALTH

February 19, 1969

William FINLAY, Jr., Plaintiff,
v.
SECRETARY OF HEALTH, EDUCATION AND WELFARE OF the UNITED STATES of America, Defendant



The opinion of the court was delivered by: GOURLEY

 This is an appeal from a decision under the Social Security Act in which the Secretary held that a dentist was an employee of a school district for purposes of application of Section 205(c)(6)(B) of the Social Security Act.

 Plaintiff, the dentist for school districts in the Commonwealth of Pennsylvania, requested the Secretary of Health, Education and Welfare to delete certain wage entries in accordance with Section 205(c)(6)(B) of the Social Security Act. It was contended that he was not an employee within the meaning of the Social Security Act and the money withheld was done erroneously.

 Plaintiff was informed that his claim was refused on the basis that an employer-employee relationship existed between himself and the respective school districts. A request for hearing was filed and, subsequently, the examiner found that the claimant was an employee within the meaning of the Social Security Act. Said decision was affirmed by the appeals counsel after which this complaint was filed pursuant to Section 205(g) of the Social Security Act. The defendant filed a Motion for Summary Judgment which is the matter for adjudication.

 QUESTION

 The critical issue in this proceeding --

 
"Is there substantial evidence in the record to support the conclusion that the relationship of the Plaintiff Dentist with the school districts was that of an employee rather than that of an independent contractor?"
 
Section 210(j)(2) -- "Any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee; (42 U.S.C.A. Sec. 410(j)(2))."
 
Section 218(a)(1) -- "The Secretary of Health, Education and Welfare shall, at the request of any State, enter into an agreement with such State for the purpose of extending the insurance system established by this subchapter to services performed by individuals as employees of such State or any political subdivision thereof. Each such agreement shall contain such provisions, not inconsistent with the provisions of this section, as the State may request."
 
Section 218(a)(2) -- "Notwithstanding section 410(a) of this title, for the purposes of this subchapter the term 'employment' includes any service included under an agreement entered into under this section."
 
(b) subsection (3) -- "The term 'employee' includes an officer of a State or political subdivision."

 In conjunction with the aforementioned sections of the Social Security Act, the Insurance Contributions Act under the Internal ...


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