The United States Supreme Court yesterday ruled that physicians who are 'controlled' by a medical practice are 'employees' under the Americans with Disabilities Act (ADA) and therefore subject to the statute's provisions, even if the physicians are stockholders in a professional corporation.In a split decision, the Court in Clackamas Gastroenterology Associates, P. C., v. Deborah Wells (No. 01-1435, 04/22/03) looked to common law references as to master-servant relationships to break down the legal fiction of separation of entity versus service provider inherent in professional corporations, a...
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