Aspen Highlands Skiing Corp. v. Apostolou

Judge ROTHENBERG

dissenting.

The question here is whether this claimant’s act of negotiating to obtain free ski passes for his girlfriend in exchange for his services doing ski patrol work created an employment relationship entitling him to compensation for his injuries. Because I conclude that, despite such negotiation, claimant was a “volunteer” and not an “employee” under the Workers’ Compensation Act, I respectfully dissent.

An “employee” means every person “under any contract of hire, express or im-plied_” Section 8-40-202(l)(b), C.R.S. (1992 Cum.Supp.). Section 8-40-301(4), C.R.S. (1992…