Industrial Claim Appeals Office v. Softrock Geological Services, Inc. and Colorado Division of Employment And…

Summary

The court held that whether a worker is customarily engaged in an independent trade, occupation, profession, or business is determined under a totality-of-the-circumstances test focused on the relationship between the worker and the putative employer. Neither the worker's failure to serve other clients nor the nine statutory conditions for a written independent-contractor agreement is dispositive. The court affirmed the judgment below and remanded for proceedings applying the proper test.