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BAY CONST. CO. v. DOLAN

No. A-92-693.

513 N.W.2d 555 (1994)

2 Neb.App. 739

BAY CONSTRUCTION COMPANY, a Nebraska Corporation, Appellant, v. Dan DOLAN, Commissioner of Labor, State of Nebraska, Appellee.

Court of Appeals of Nebraska.

March 22, 1994.

Attorney(s) appearing for the Case

Robert F. Peterson of Laughlin, Peterson & Lang, Omaha, for appellant.

John F. Sheaff and Laureen Van Norman, Lincoln, for appellee.

SIEVERS, C.J., and IRWIN and MILLER-LERMAN, JJ.

IRWIN, Judge.

This appeal involves the question of whether Steven Shurter, a carpenter temporarily retained by Bay Construction Company (Bay), was an employee or an independent contractor. The question is one to be resolved in accordance with Neb.Rev.Stat. § 48-604 (Reissue 1988). If Shurter was an employee, Bay is required to make contributions for unemployment insurance benefits on his behalf. In order for Bay to prevail, the evidence must show that Bay satisfied...

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