Western Logistics, Inc. D/b/a Diligent Delivery Systems v. Industrial Claim Appeals Office of the State of Colorado…

Summary

The court held that whether delivery drivers were customarily engaged in an independent trade or business must be determined under a totality-of-the-circumstances inquiry into the relationship between the drivers and Diligent, rather than by asking only whether they simultaneously worked for others. Because the lower tribunals applied the improper single-factor test, the court reversed and remanded for further proceedings. The court declined to decide the separate control-and-direction issue and directed that portion of the lower court's decision to be vacated.