Western Logistics, Inc. v. Industrial Claim Appeals Office

T1 In this case, we consider when, under the Colorado Employment Security Act ("CESA"), §§ 8-70-101 to 8-82-105, C.R.S. (2013), an individual is an independent con*551tractor as opposed to an employee. Under section 8-70-115(1)(b), C.R.S. (20183), an individual may be classified as an independent contractor if the employer can prove that the individual is "free from control and direction in the performance of the service, ... and such individual is customarily engaged in an independent trade, occupation, profession, or business related to the service performed."

T2 Petitioner, Western Logistics,…