Legal Opinion
McGuire v. Department of Employment Security
Court of Appeals of Utah
Decided February 3, 1989No. 880057-CAPublishedCited by 11 opinions
1Opinion of the Court
JACKSON, Judge:
Bernard McGuire challenges a determination by the Board of Review of the Industrial Commission that his private duty nurses are not exempt from unemployment insurance coverage by virtue of Utah Code Ann. § 35-4-22(j)(5)(A-C) (1985). 1 We affirm.
As a result of an accident when still a teenager, McGuire is a quadriplegic who requires around-the-clock care. That care has been provided to him in his apartment (and in his parents’ home on weekends) by licensed practical nurses working one or more 24-hour shifts each week. McGuire advertises the availability of these positions,…
2Cases cited7 opinions
- Leach v. BOARD OF REVIEW OF INDUSTRIAL COMMISSIONUtah Supreme Court · 1953
- Barney v. Department of Employment SecurityUtah Supreme Court · 1984
- Superior Cablevision Installers, Inc. v. Industrial CommissionUtah Supreme Court · 1984
- Ellison, Inc. v. Board of ReviewCourt of Appeals of Utah · 1988
- Nielsen v. Department of Employment SecurityUtah Supreme Court · 1984
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dynamex Operations W., Inc. v. Superior Court of L. A. Cnty.California Supreme Court · 2018
- Midwest Property Recovery, Inc. v. Job Service of North DakotaNorth Dakota Supreme Court · 1991
- JSF Promotions, Inc. v. Administrator, Unemployment Compensation ActSupreme Court of Connecticut · 2003
- Garcia v. Border Transp. Grp., LLC, California Court of Appeal, 5th District2018
- Tasters Ltd. v. Department of Employment SecurityCourt of Appeals of Utah · 1991
6 more not listed; retrieve them via the Exa API.