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EXCELL CONST., INC. v. STATE

No. 30931.

116 P.3d 18 (2005)

EXCELL CONSTRUCTION, INC., Employer Account: 001790501, Employer-Appellant, v. STATE of Idaho, DEPARTMENT OF LABOR, Respondent.

Supreme Court of Idaho, Boise, April 2005 Term.

June 21, 2005.

Attorney(s) appearing for the Case

Wetzel & Wetzel, Coeur d'Alene, for appellant. Dana L.R. Wetzel argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Anne Baker Wilde, Deputy Attorney General, argued.

BURDICK, Justice.

I. NATURE OF THE CASE

Excell Construction Inc. (Excell) appeals a ruling by the Idaho Industrial Commission finding Excell liable for unpaid unemployment insurance taxes. The Industrial Commission determined Excell had mischaracterized many employees engaged in covered employment as "independent contractors," resulting in Excell's alleged unemployment insurance underpayment. We reverse and remand to the Industrial Commission for further...

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