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EXPEDITE DELIVERY SERV. v. EMPLOYMENT DEPT.

10AB1939; A146382.

274 P.3d 257 (2012)

248 Or. App. 750

EXPEDITE DELIVERY SERVICE, INC., Petitioner, v. EMPLOYMENT DEPARTMENT, Respondent.

Court of Appeals of Oregon.

Decided March 14, 2012.

Attorney(s) appearing for the Case

Geordie Duckler, Portland, argued the cause and filed the brief for petitioner.

Karla H. Ferrall, Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

PER CURIAM.

Petitioner, Expedite Delivery Service, Inc., seeks judicial review of an Employment Appeals Board (EAB) order affirming the administrative law judge's (ALJ) decision that claimant, who provided delivery driver services for petitioner, was not an independent contractor as the term is defined in ORS 657.040, and that claimant was not discharged for misconduct, ORS 657.176(2)(a). On review, petitioner assigns error to EAB's conclusion that claimant was petitioner...

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