C.R. England, Inc. v. Department of Employment Security

(Court opinion corrected 3/25/14.) IDES Director found that plaintiff trucking company was the chargeable last employer for former employee's claim for unemployment insurance benefits. In enacting federal transportation law and regulations, Congress did not impliedly intend to preempt state unemployment insurance law> Unemployment Insurance Act's Section 212(B) definition of independent contractor is for purposes of Act only, and does not conflict with federal law and regulations. Finding that driver did not fall within Section 212.1 truck owner-operator exemption was not clearly erroneous. Board's finding that driver was discharged for reasons other than employment-related misconduct and was thus ineligible for unemployment benefits was supported by evidence.(HALL and REYES, concurring.)