Legal Opinion · Dissent

J.R. Simplot Co. v. State

Idaho Supreme Court

Decided April 18, 1986No. 15849Published

1DissentBistline, Justice

The question before us is whether the services performed by the claimant, Maldonado, and other persons working for Sim-plot, constitutes “covered employment” under I.C. § 72-1316. Section 72-1316(d) provides in part:

Services performed by an individual for remuneration shall, for the purposes of the employment security law, be covered employment:(1) Unless it is shown:

(A) That the worker has been and will continue to be free from control or direction in the performance of his work, both under his contract of service and in fact, and

(B) That the worker is engaged in an independently established…

2Cases cited10 opinions

  1. Merrill v. Duffy Reed Construction Co.Idaho Supreme Court · 1960
  2. Booth v. City of BurleyIdaho Supreme Court · 1978
  3. Smith v. Department of EmploymentIdaho Supreme Court · 1979
  4. Hutchinson v. J. R. Simplot Co.Idaho Supreme Court · 1977
  5. Burdick v. ThorntonIdaho Supreme Court · 1985

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