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ROSEXPRESS v. DEPT. OF EMPLOYMENT SERV.

No. 90-702.

602 A.2d 659 (1992)

ROSEXPRESS, INC., Petitioner, v. DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent.

District of Columbia Court of Appeals.

Decided January 31, 1992.

Attorney(s) appearing for the Case

Michael A. Milwee, Washington, D.C., was on the brief, for respondent.

Before TERRY and WAGNER, Associate Judges, and NEWMAN, Senior Judge.

TERRY, Associate Judge:

Petitioner RosExpress, a business which delivers roses and other flowers, seeks review of a decision by the Department of Employment Services awarding unemployment benefits to a former RosExpress delivery driver, Peter Joynes. RosExpress asserts three errors by the Department. It maintains, first, that the Department erred in failing to determine whether Joynes was an employee or an independent contractor; second, that Joynes' behavior constituted...

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