Williams v. Maine Unemployment Ins. Comm'n

STATE OF MAINE . a SUPERIOR COURT / CUMBERLAND, ss. . CIVIL ACTION bee DOCKET NO. AP-00-010 “ioe by ul My) -2UM- 7 /iofscoe CYNTHIA E. WILLIAMS, Plaintiff/Appellant — VS. . DECISION AND ORDER MAINE UNEMPLOYMENT INSURANCE COMMISSION, Defendant/Respondent The plaintiff appeals the Commission’s decision that the plaintiff was the employer of Ms. Terrano for the purposes of unemployment compensation payments. The plaintiff had the burden of proving that Ms. Terrano’s services were not employment. The Commission determined that the plaintiff failed to prove the first and third parts of the three-part statutory test. See R. 3-5; 26 M.R.S.A. § 1043 (11)(E) (1988); McPherson v. Unemployment Ins. Comm/’n, 1998 ME 177 , ] 7, 714 A.2d 818, 821 . On appeal, the plaintiff must show that the record before the Commission compelled a finding that the plaintiff did not exercise control over Ms. Terrano and that Ms. Terrano had an independently established business. See id.; 26 M.R.S.A. § 1043 (11)(E)(1) & (3). The record reveals that there is competent evidence to support the Commission’s findings and that the Commission correctly applied the applicable law. See Nissan v. Maine Employment Security Comm’n, 455 A.2d 945, 949 (Me. « a 1983); R. 18-19, 21, 27-28, 34-35, 38, 46 (control); 19, 21-22, 28-29, 36, 47, 63 (independent D business). The entry is The Plaintiff's Appeal is DENIED. The Decision of the Maine Unemployment Insurance Commission is AFFIRMED. Date: July 8, 2000 (a) ae Ofancy Mills Justice, Superior coll Date Filed _027 16-00 CUMBERLAND Docket No. County Action __ APPEAL 80(C) r BRIN CYNTHIA E. WILLIAMS _ RONALD L. CARSAEC EMPLOYMENT SECURITY COMMISSION-AN LAW LaMaa AY AGENCY OF THE STATE OF MAINE JUL 18 2000 vs. Plaintiff’s Attorney . Defendant’s Attorney THOMAS BRADLEY ESQ 775-0200 ELIZABETH WAYMAN, AAG JAMES °B .HADDOW, =ESQ wee Dee ee te tem eee PAMELA WAITE, AAG PO BOX 9733, PORTLAND ME 04104 6 STATE HOUSE STATION AUGUSTA, MAINE 04333-0006 626-8800 Date of Entry [2000] Feb. 18 Received 02-16-00: Complaint Summary Sheet filed. Complaint filed. woof Received 02-17-00: Plaintiff's Motion to Amend Petition for Review of Final Agency Action Pursuant to M.R.CIV.P. 80(C) with Exhibit A filed. Plaintiff's Request for Hearing filed. Mar. 1 Received 3-1-00: Letter from Elizabeth Wyman AAG entering her appearance and Pamela Wyman, AAG's appearance on behalf of defendant and stating court should affirm the decision of the Commission filed. Mar. 22 Received 03-22-00: Defendant's Administrative Record filed. " " On 03-22-00: Briefing schedule mailed. Petitioner's brief due 5-1-00. April 6 Received 04/04/00: ORDER ON MOTION TO AMEND FINAL AGENCY ACTION PURSUANT TO M.R.CIV.P. 80C filed. (Delahanty, J.) Pursuant to Plaintiff Cynthia Williams' Motion to Amend as a matter of course, in accordance with Rule 15(a) of the Maine Rules of Civil Procedure the Plaintiff's Petition for Review of Final Agency Action dated February 17, 2000, it is hereby ORDERED that the Motion is GRANTED. mu ur On "04/06/00: Copies mailed to Thomas Bradley, Esq. and Elizabeth Wyman and Pamela Waite; -AAG's=- April 21 Received 4-21-00. Appellant's Brief filed. May 19 Received 05-19-00: Respondent, Maine Unemployment Insurance Commission Brief filed.