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AFM MESSENGER SERV. v. DEPT. OF EMPLOYMENT SECURITY

No. 89984.

763 N.E.2d 272 (2001)

198 Ill.2d 380

261 Ill.Dec. 302

AFM MESSENGER SERVICE, INC., Appellant, v. The DEPARTMENT OF EMPLOYMENT SECURITY et al., Appellees.

Supreme Court of Illinois.

Rehearing Denied February 4, 2002.

Attorney(s) appearing for the Case

Robert S. Brody, Chicago, for appellant.

James E. Ryan, Attorney General, Springfield (Joel D. Bertocchi, Solicitor General, Darryl B. Simko, Assistant Attorney General, Chicago, of counsel), for appellees.

Justice FITZGERALD delivered the opinion of the court:

In this appeal we consider whether delivery drivers for AFM Messenger Service, Inc. (AFM), were "independent contractors" within the meaning of section 212 of the Unemployment Insurance Act (820 ILCS 405/212 (West 2000)). In two separate administrative proceedings, the Department of Employment Security (Department) determined that the drivers were employees and not independent contractors. AFM was, therefore,...

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