Driscoll v. Worcester Telegram & Gazette

The question raised in this appeal is whether the plaintiff, Thomas G. Driscoll, Jr., a news carrier who delivered newspapers for defendant Worcester Telegram & Gazette (WT&G), should be considered an independent contractor or an employee for purposes of receiving unemployment benefits under G. L. c. 151 A.

Procedural background. In July, 2003, Driscoll filed a claim for unemployment benefits. The Division of Unemployment Assistance2 (DUA) denied his claim because it determined that *710no “employer-employee relationship” existed between Driscoll and WT&G. That decision was upheld by a DUA review…