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WESTERN LOGISTICS v. INDUS. CLAIM APPEALS

Supreme Court Case No. 12SC911.

325 P.3d 550 (2014)

2014 CO 31

WESTERN LOGISTICS, INC. d/b/a Diligent Delivery Systems, Petitioner v. INDUSTRIAL CLAIM APPEALS OFFICE of the State of Colorado; and Division of Employment and Training, Employer Services — Integrity/Employer Audits, Respondents.

Supreme Court of Colorado.

May 12, 2014.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Sherman & Howard, LLC Heather Fox Vickies Matthew M. Morrison , Denver, Colorado

Attorneys for Respondents: John W. Suthers , Attorney General John A. Lizza , First Assistant Attorney General Tricia A. Leakey , Assistant Attorney General Alice Q. Hosley , Assistant Attorney General, Denver, Colorado

Attorney for Amicus Curiae Colorado Motor Carriers Association: Wheeler Trigg O'Donnell , LLP Mark T. Clouatre, Denver, Colorado

En Banc

JUSTICE BOATRIGHT delivered the Opinion of the Court.

¶ 1 In this case, we consider when, under the Colorado Employment Security Act ("CESA"), §§ 8-70-101 to 8-82-105, C.R.S. (2013), an individual is an independent contractor as opposed to an employee. Under section 8-70-115(1)(b), C.R.S. (2013), an individual may be classified as an independent contractor if the employer can prove that the individual is "free...

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