BMS LTD. 1999 v. DEPT. OF WORKFORCE SVCS.

No. 20130500-CA.

327 P.3d 582 (2014)

2014 UT App 116

BMS LIMITED 1999, INC., Petitioner, v. DEPARTMENT OF WORKFORCE SERVICES and Robert Lovelock, Respondents.

Court of Appeals of Utah.

May 22, 2014.


Attorney(s) appearing for the Case

Rick D. Roskelley and Dustin L. Clark , for Petitioner.

Kathleen Bounous , for Respondent Department of Workforce Services.

Senior Judge RUSSELL W. BENCH authored this Memorandum Decision, in which Judges STEPHEN L. ROTH and JOHN A. PEARCE concurred.


Memorandum Decision

BENCH, Senior Judge:

¶ 1 BMS Limited 1999, Inc., doing business as RLS of Utah, (RLS) challenges the decision of the Workforce Appeals Board (the Board). RLS argues both that the Board erred in applying the residuum rule to the evidence presented and that the Board erroneously determined that Robert Lovelock (the Claimant) was RLS's employee, as opposed to an independent contractor, for purposes of the Utah Employment Security Act...

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