§392-21.5 - Proceedings to determine employment and coverage.
§392-21.5 Proceedings to determine
employment and coverage. [L 2004, c 202, §46 amendment repealed June
30, 2010. L 2006, c 94, §1.] The director of labor and industrial
relations shall have original jurisdiction over all controversies and disputes
over employment and coverage under this chapter. Except in cases where
services are specifically and expressly excluded from "employment"
under section 392-5, it shall be presumed that coverage applies unless the
party seeking exclusion is able to establish under both the control test and
the relative nature of the work test that coverage is not appropriate under
this chapter. There shall be a right of appeal from decisions of the director
to the circuit court and thence to the intermediate appellate court, subject to
chapter 602. [L 1996, c 94, §2; am L 2004, c 202, §46]
Note
L 2004, c 202, §82 provides:
"SECTION 82. Appeals pending in the supreme court as of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."