Neely v. Indiana Employment Security Board

Dissenting Opinion

Gonas, J.

I have conferred with my learned colleagues on this case which concerns the historic unemployment compensation legislation.

I cannot agree with the decision by the majority of the court. Whether or not the relationship of employer-employee exists is a fact question which is beyond our province. Questions of facts which are determined by the Liability Referee in this class of eases are binding upon us. Burns’ Ind. Stat. §52-1542 k (1961 Supp.) The Referee found specifically that the *193company retained the right to direct and control the performance of the truck drivers…