With no explanation, chose the best option from "A", "B", "C" or "D". “power to control the work.” Atkinson, 541 S.E,2d at 905. “It is well established that the fourth factor, the power of control, is determinative.” Id. Viewing the record in the light most favorable to the plaintiff, the court concludes that the evidence raises a triable issue of fact as to whether the Physicians Group is an agent or employee of the Commonwealth, as opposed to an independent contractor. The Physicians Group is a separate and distinct corporation, which employs the physicians who work at the Medical Center. Although technically a nonprofit organization, it is undisputed that the Physicians Group generates extensive revenue that is used, at least in part, to compensate its employees. See Univ. of Va. Health Servs. Found, v. Morris, 275 Va. 319, 657 S.E.2d 512, 522 (2008) (<HOLDING>). -More over, like any other corporation, the

A: holding immunity from liability is not jurisdictional
B: holding the rule is an equitable doctrine that operates to reduce a plaintiffs recovery from the nonsettling defendant to prevent the plaintiff from recovering twice from the same assessment of liability
C: holding that the foundation operates like a profitable commercial business with extensive revenue and assets and thus is not immune from tort liability under the doctrine of charitable immunity
D: holding that like other affirmative defenses to liability immunity from liability must be pleaded or else it is waived
C.