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3P DELIVERY, INC. v. EMPLOYMENT DEPT.

09AB0090, 10AB0666; A141256.

296 P.3d 526 (2012)

254 Or. App. 192

3P DELIVERY, INC., Petitioner, v. EMPLOYMENT DEPARTMENT and Brian J. Newrones, Respondents.

Court of Appeals of Oregon.

Decided December 19, 2012.

Attorney(s) appearing for the Case

John A. Anderson , and Steven A. Pletcher , Indiana, filed the briefs for petitioner.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Judy C. Lucas , Senior Assistant Attorney General, filed the brief for respondent Employment Department.

No appearance for respondent Brian J. Newrones.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

WOLLHEIM, J.

3P Delivery, Inc. (3PD) seeks review of an order of the Employment Appeals Board (EAB) concluding that claimant Brian Newrones is not disqualified from receiving unemployment benefits under ORS 657.176. 3PD contends that claimant is not eligible for benefits because claimant's services were excluded from employment under ORS 657.047, the "for-hire" carrier exemption. We affirm EAB's order.

The facts are not disputed and we rely on EAB's findings...

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