42 A.D.2d 1010 | N.Y. App. Div. | 1973
Appeal by the Uninsured Employer’s Fund from a decision of the Workmen’s Compensation Board, filed April 11, 1972. Claimant sustained an injury on March 10, 1970 when he was shot in the abdomen while delivering newspapers. He was employed part-time by tine Holland, a route dealer, engaged in home delivery of the New York Times. Claimant delivered the Times to the homes of Times subscribers in apartment houses in Manhattan. Holland, working out of a hotel located in the area, received deliveries of the Times daily and Sundays from the New York Times. He would then break down the bundles, sorting ■them by addresses and leave the various bundles in- front of the apartment houses. Claimant would go from building to building picking up the bundles of newspapers at each and complete the delivery to the apartment of each subscriber. He received his instructions .and orders relating to his duties from Holland. The New York Times solicited its subscribers by direct telephone and advertising and sent the names to the route dealer. Complaints about the home delivery service were handled by the Times and referred to an area inspector employed by the Times. Holland was billed by the Times and was paid directly by the customers. He, in turn, paid claimant a weekly