Metric Man Inc. v. Unemployment Insurance Appeals Board

Plaintiff Metric Man, Inc. (Metric Man), appeals a judgment denying its petition for a writ of mandate (Code Civ. Proc., § 1094.5) to compel defendant California Unemployment Insurance Appeals Board (UIAB) to set aside its decision to grant Donald Folk (Folk) unemployment insurance benefits. Folk worked as a traveling salesman for Metric Man.

Metric Man contends the judgment of the superior court is not supported by the weight of the evidence because Folk failed to meet three of the seven requirements for employee status set forth in Unemployment Insurance section 621. Specifically, Metric Man contends there was insufficient evidence to support the court’s findings that: (1) Folk was required to work for Metric Man on a full-time basis; (2) Folk was required to perform services personally; and (3) Folk’s sales were made predominately to wholesalers and retailers. Metric Man further contends the court failed to exercise its independent judgment over the administrative record. We affirm.

Factual and Procedural Background

Metric Man is a distributor of nuts, bolts, fasteners, and a variety of other automotive products including specialty engine parts, lights, and…