Legal Opinion

Penick v. Employment Security Department

Court of Appeals of Washington

Decided April 19, 1996No. 18616-1-IIPublishedCited by 32 opinions

1Opinion of the CourtSeinfeld, C.J.

Donald Penick challenges a $32,890.26 *34assessment for unpaid contributions to the employment security fund. He contends that the drivers of his company’s trucks were independent contractors, not his employees. We conclude that Penick failed to present evidence qualifying him for the exemption set forth in RCW 50.04.140. Thus, we affirm.

FACTS

Penick owns Double Eagle Trucking (Double Eagle), a sole proprietorship that engages in the interstate transportation of goods. Primarily, it transports wood shakes from Washington to Northern California.

With the deregulation of the trucking industry,…

2Cases cited16 opinions

  1. Shoreline Community College District No. 7 v. Employment Security DepartmentWashington Supreme Court · 1993
  2. In Re the Eligibility of the Persons Employed at the St. Paul & Tacoma Lumber Co.Washington Supreme Court · 1941
  3. Paulson v. County of PierceWashington Supreme Court · 1983
  4. McDermott v. StateWashington Supreme Court · 1938
  5. All-State Construction Co. v. GordonWashington Supreme Court · 1967

11 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Wenatchee Sportsmen Ass'n v. Chelan CountyWashington Supreme Court · 2000
  2. R.D. Merrill Co. v. Pollution Control Hearings BoardWashington Supreme Court · 1999
  3. Wilson v. Employment SEC. Dept. of StateCourt of Appeals of Washington · 1997
  4. Affordable Cabs, Inc. v. Employment Security DepartmentCourt of Appeals of Washington · 2004
  5. Nielsen v. EMPLOYMENT SEC. DEPT. OF STATECourt of Appeals of Washington · 1998

27 more not listed; retrieve them via the Exa API.

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