In the case Marcus Roach Express, LLC v. Dir., Ohio Dep’t of Job & Family Servs., 11th Dist. Portage No. 2019-P-0054, 2019-Ohio-5414, an Ohio appellate court held that an appellate court does not have accept an administrative body’s improperly drawn inferences from undisputed facts.
In this case, an employer appealed from an Ohio Unemployment Compensation Review Commission decision granting a trucker unemployment benefits. The employer appealed the finding that the trucker was an employee by arguing that the trucker was an independent contractor.
The Ohio appellate court held that, although an appellate court is typically bound by the findings of fact of an administrative body, an appellate court is not bound by improperly drawn inferences. The Ohio appellate court then held that the decision of the Ohio Unemployment Compensation Review Commission was in error because the underlying facts supported the employer’s position that the trucker was an independent contractor.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.