Lisa Beth Levine - Page 32

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          services contracts materially differs from Mr. Eren’s                       
          relationship with the FBO.  Although petitioner and Mr. Eren were           
          both professionals, the State Department hired petitioner as a              
          specialist to evaluate and solve a problem.  She evaluated work             
          environments for health hazards, recommended and implemented                
          measures to eliminate those hazards, and developed an industrial            
          hygiene management information system.  Petitioner’s work was               
          considered technically authoritative and accepted without                   
          significant change. The State Department had little control over            
          the means and manner by which petitioner’s work was accomplished.           
          Petitioner worked under the broad guidance of the COR, who made             
          assignments and provided statements of policy and overall scope             
          to guide petitioner.  Petitioner was responsible for planning and           
          carrying out the projects.  She submitted her evaluations and               
          recommendations to the COR in comprehensive written reports when            
          the project was completed; she was not required to maintain daily           
          logs or submit monthly reports.  In sum, the FBO had more control           
          over Mr. Eren than the State Department had over petitioner.                
               Moreover, petitioner’s work relationship with the State                
          Department was more transitory than that of Mr. Eren.  Mr. Eren             
          worked for the State Department under his personal service                  
          contracts for many years, whereas petitioner worked for the State           
          Department under her personal service contracts for a little over           
          1 year.                                                                     






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