In re the Claim of Ross

Mikoll and Harvey, JJ.,

dissent and vote to reverse in a memorandum by Mikoll, J. Mikoll, J. (dissenting). We respectfully dissent. This is another in a long line of delivery services cases. The Unemployment Insurance Appeal Board found that an employer-employee relationship existed between claimants and Majestic Messenger Service, Inc. (Majestic). The facts found to be supportive of the decision are as follows. Majestic advertised for drivers and had an independent contractor agreement executed with the drivers. Majestic gave delivery assignments to claimants and other drivers and split the…