## Facts

- John J. Apostolou worked for Aspen Highlands Skiing Corporation as a paid, part-time ski instructor.
- Aspen Highlands recruited ski-patrol members with CPR qualifications; patrol members generally received no wages but received ski privileges.
- Because Apostolou already had ski privileges through his instructor job, he negotiated different consideration for patrol service: unlimited daily ski passes for his girlfriend.
- Apostolou testified he would not have joined the ski patrol absent the negotiated ski-pass arrangement.
- While performing ski-patrol duties in February 1990, Apostolou injured his knee and could not continue working as an instructor or patrol member.
- Apostolou sought workers’ compensation benefits; Aspen Highlands denied liability, asserting that a statutory exclusion for “volunteer ski-patrol members” applied.
- The ALJ found an employment relationship supported by consideration and awarded benefits; the Industrial Claim Appeals Panel and the court of appeals affirmed.

## Issues

1. Whether a ski-patrol member who receives no wages but receives bargained-for, non-cash benefits is “in the service of another under any contract of hire” and therefore an “employee” covered by the Colorado Workers’ Compensation Act.
2. Whether the statutory exclusion for “volunteer ski-patrol members” applies when the patrol service is performed in exchange for negotiated benefits.

## Decision

- The Colorado Supreme Court affirmed.
- The court held Apostolou was an employee at the time of injury because his patrol services were rendered under a contract of hire supported by valuable consideration.
- The court held the “volunteer ski-patrol member” exclusion did not apply because Apostolou’s service was not gratuitous.

## Legal Principles

- A “contract of hire” under workers’ compensation law requires a bargained-for exchange of services for remuneration; remuneration need not be paid as wages and may consist of non-cash benefits.
- Bargained-for benefits that induce a person to provide services constitute consideration sufficient to establish employee status for workers’ compensation coverage.
- Statutory “volunteer” exclusions are construed narrowly; a worker is not a volunteer when the service is performed in exchange for negotiated remuneration.
- Workers’ compensation statutes are remedial and are construed liberally to effectuate their protective purpose, while exclusions from coverage are applied only where clearly applicable.

## Conclusion

Because Apostolou provided ski-patrol services in return for negotiated ski-pass benefits for a third party, he acted under a contract of hire and qualified as an employee; the volunteer ski-patrol exclusion did not bar workers’ compensation benefits.


Aspen Highlands Skiing Corp. v. Apostolou, 866 P.2d 1384 (Colo. 1994)