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STATE v. SKY DOWN SKYDIVING, LLC

Docket No. 47077.

462 P.3d 92 (2020)

STATE of Idaho, EX REL, INDUSTRIAL COMMISSION, Plaintiff-Counterdefendant-Appellant, v. SKY DOWN SKYDIVING, LLC, an Idaho limited liability company; Paul Albert Janes, Member; and Denise Janes, Member; in their official and individual capacities, Defendants-Counterclaimants-Respondents.

Supreme Court of Idaho, Boise, February 2020 Term.

Opinion filed: April 16, 2020.

Attorney(s) appearing for the Case

Lawrence G. Wasden , Idaho Attorney General, Boise, for Appellant. Blair D. Jaynes argued.

Dinius and Associates, PLLC, Nampa, for Respondents. Kevin E. Dinius argued.

This appeal concerns whether Sky Down Skydiving, LLC, improperly designated its tandem skydiving instructors and parachute packers as independent contractors, rather than as employees, thereby eliminating the need for worker's compensation insurance. After notifying the company that it was in violation of Idaho Code section 72...

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