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Penick v. Employment Security Department

decided: May 31, 1996.

DONALD R. PENICK, DBA DOUBLE EAGLE TRUCKING, APPELLANT,
v.
EMPLOYMENT SECURITY DEPARTMENT OF THE STATE OF WASHINGTON, RESPONDENT.



Seinfeld, C.j., We concur: Morgan, J., Houghton, J.

Author: Seinfeld

Order AMENDING OPINION AND CHANGING OPINION TO PUBLISHED

Respondent moves for reconsideration and publication of the opinion filed in this matter on April 19, 1996. Upon consideration, the Court has determined that the opinion will be amended and that it satisfies the criteria for publication, it is now

Ordered that the opinion is amended as follows:

Page 6 (line 8) - Said paragraph is deleted and replaced with the following paragraph:

Penick challenges many of the Commissioner's findings and conclusions. We review the factual findings under the substantial evidence standard. Lawter v. Employment Sec. Dept., 73 Wash. App. 327, 331, 869 P.2d 102, review denied, 124 Wash. 2d 1019 (1994); RCW 34.05.570(3) (e). To constitute substantial evidence, there must be a sufficient quantum of evidence in the record to persuade a reasonable person that the declared premise is true. Lawter, 73 Wash. App. at 332. On review, we give great deference to the Commissioner's findings. Lawter, 73 Wash. App. at 332. Having reviewed the entire record, we are satisfied that the Commissioner's findings are substantially supported by the evidence in the record. Thus, we consider whether they support the conclusions of law.

Page 9 (lines 5 and 6) - The sentence starting with the word "Rather" is modified as follows:

Rather, he found them to be in employment, but exempt from coverage under RCW 50.04.140.

It is further

Ordered that the final paragraph, reading "A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record pursuant to RCW 2.06.040, it is so ordered." is deleted. It is further

Ordered that the opinion is published.

DATED this 31st day of May, 1996.

FOR THE COURT:

Seinfeld, ...


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