Steven Medeiros et al. 
Neil Ewing, PA-C et al.  No. 133180
MEMORANDUM AND ORDER ON DEFENDANT NEIL EWING,
PA-C'S MOTION FOR SUMMARY JUDGMENT
B. Krupp, Justice of the Superior Court.
Steven and Patricia Medeiros allege that Neil Ewing ("
Ewing"), a physician assistant, negligently managed Mr.
Medeiros's anticoagulation during his perioperative
visits to the Cambridge and/or Somerville Hospitals around
the time of his right knee disarticulation surgery in August
2009. In 2009, the Cambridge Public Health Commission owned
Cambridge and Somerville Hospitals, which operated as
Cambridge Health Alliance (" CHA"). CHA was a
" public employer" under the Massachusetts Tort
Claims Act (" MTCA"), G.L.c. 258, § 1 et seq.
Ewing, who worked for CHA, moves for summary judgment,
arguing he is immune from suit as a public employee under
G.L.c. 258, § 2. For the following reasons, after
hearing and review of plaintiffs' post-hearing
submission,  the motion is ALLOWED .
2009, Ewing was a physician assistant employed by CHA in its
Department of Orthopedic Surgery. The Chief Physician
Assistant in the Department of Orthopedic Surgery (" the
Chief P.A."), a CHA employee, was Ewing's immediate
supervisor. Defendant Samuel Doppelt, M.D., the Chief of
Orthopedic Surgery at CHA, was Ewing's supervising
physician. The Chief P.A. and Dr. Doppelt set Ewing's
work schedule and hours. Ewing did not have any private
patients at CHA, other than those he saw under Dr.
Doppelt's supervision; and had no admitting privileges at
CHA. Ewing was paid an hourly wage based on
the number of hours he worked, unaffected by the number of
patients he cared for. He did not receive performance
bonuses, profit-sharing, or other financial incentives. CHA
paid his wages, provided him a W-2 form, and provided all of
his employment benefits, including vacation time, sick pay,
health insurance, malpractice insurance, and retirement
benefits. Ewing did not bill CHA patients directly for his
Medeiros was Dr. Doppelt's patient. In August 2009, Mr.
Medeiros had surgery at Cambridge Hospital. Dr. Doppelt
performed the surgery with Ewing's assistance. With
respect to Ewing's treatment of patients at CHA,
including Mr. Medeiros, Ewing was acting under Dr.
Doppelt's direction. Ewing testified at his deposition:
Q You mentioned earlier that you were working under the
license of Dr. Doppelt in 2009?
Q Was Dr. Doppelt able to tell you what to do in carrying out
your clinical responsibilities to patients?
Q Direct you to order certain tests?
Q Could direct you to give or not give certain medications?
Q Direct you to write orders as to when medication should be