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DAVIS BANCORP v. BOARD REVIEW DEPT. EMPLOY.

Nos. 1-07-1902, 1-07-2029.

911 N.E.2d 1125 (2009)

DAVIS BANCORP, INCORPORATED, Plaintiff-Appellant, v. THE BOARD OF REVIEW OF THE DEPARTMENT OF EMPLOYMENT SECURITY, and J. Hunt Bonan, Chairman; Stanley Deassler, Jr.; William J. Nolan; Lori Q. Chaib; Brenda A. Russell, Director of Illinois Department of Employment Security; and Daniel Calambas, Defendants-Appellees. Davis Bancorp, Incorporated, Plaintiff-Appellant, v. The Board of Review of the Department of Employment Security, and J. Hunt Bonan, Chairman; Stanley Deassler, Jr.; William J. Nolan; Lori Q. Chaib; Brenda A. Russell, Director of Illinois Department of Employment Security; and Luis Garcia, Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied July 28, 2009.

Attorney(s) appearing for the Case

Loewenstein, Hagan & Smith, P.C., Gary L. Smith, Springfield, IL, for Appellant Davis Bancorp, Incorporated.

Lisa Madigan, Illinois Attorney General, Michael A. Scodro, Illinois Solicitor General and Jerald S. Post, Assistant Attorney General, Chicago, IL, for Appellees The Board of Review of the Department of Employment Security.

Justice O'MALLEY delivered the opinion of the court:

Plaintiff, Davis Bancorp, appeals the decision of the Illinois Department of Employment Security Board of Review (the Board) finding that its driver, Daniel Calambas, was "in employment" with plaintiff and he was not exempt from unemployment coverage under section 212.1 of the Unemployment Insurance Act (the Act) (820 ILCS 405/212.1 (West 2006)).1<...

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