Q. D.-A., Inc. v. Indiana Department of Workforce Development

*628[34] Because I would affirm the LALJ's conclusion that Claimant was an employee of Company under Indiana Code section 22-4-8-1, I must respectfully dissent.

[35] As the majority notes, Indiana Code section 22-4-8-1 requires we consider every paid worker an employee unless an employer can demonstrate three factors. The second of these factors is that the Claimant's "service is performed outside the usual course of the business for which the service is performed." Ind. Code § 22-4-8-1(b)(2). With regard to that factor, the LALJ concluded:

[T]he employer failed to establish that the claimant was…