GAFFNEY v. DEPT. OF EMPLOYMENT SERVICES

No. 94-1485.

540 N.W.2d 430 (1995)

Mark GAFFNEY, Appellant, v. DEPARTMENT OF EMPLOYMENT SERVICES; Division of Job Service; Seamans Trucking, Inc.; Charles W. Seamans, Inc.; and Mike Oswald d/b/a Oswald Trucking, Appellees.

Supreme Court of Iowa.

November 22, 1995.


Attorney(s) appearing for the Case

Van T. Tran, Legal Services Corp., Waterloo, for appellant.

Joseph L. Bervid, Iowa Department of Employment Services, for appellee.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, NEUMAN, and ANDREASEN, JJ.


NEUMAN, Justice.

This is an appeal by petitioner Mark Gaffney from a district court ruling that upheld a division of employment services decision denying him unemployment benefits. The agency's denial rested on a finding that Gaffney was an independent contractor, not an employee. Because we conclude the agency applied the wrong legal standard, we reverse and remand for a new ruling on the record already made.

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