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PACIFICAB CO. v. EMPLOYMENT DEPT.

01-AB-0770; A114899.

69 P.3d 774 (2003)

187 Or. App. 693

PACIFICAB CO., Petitioner, v. EMPLOYMENT DEPARTMENT and Linda J. Benge, Respondents.

Court of Appeals of Oregon.

Decided May 15, 2003.

Attorney(s) appearing for the Case

Peggy Hennessy, Portland, argued the cause for petitioner. With her on the brief was Reeves, Kahn & Hennessy.

Kelly Knivila, Assistant Attorney General, argued the cause for respondent Employment Department. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

No appearance for respondent Linda J. Benge.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.

SCHUMAN, J.

PacifiCab Company (PacifiCab), a taxi service, fired Linda Benge (claimant), one of its drivers, who then applied for unemployment insurance benefits. PacifiCab opposed the claim on the grounds that claimant was an independent contractor and therefore not covered by the unemployment insurance laws, and in any event, even if she was an employee, she was fired for misconduct and therefore did not qualify for benefits. The Employment Department (department...

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