45 A.D.2d 784 | N.Y. App. Div. | 1974
Appeals by the alleged employer and its two insurance carriers from decisions of the Workmen’s Compensation Board, filed December 13, 1968, July 25, 1969, May 14, 1971, December 17, 1971, September 19, 1972, and March 16, 1973, which allowed death benefits to claimant-widow. Claimant is the widow of decedent Donald I. Lothrop, a photographer, who in 1966 entered into an agreement with the alleged employer, a public relations firm, whereby he was to take still pictures for it in Bolivia. While his term of work was indefinite, he was paid at the rate of $250 per week plus expenses, and this amount was to be paid to Don Lothrop Associates, a business operated by decedent and his wife. Decedent arrived in Bolivia in good health on February 14, 1966 and proceeded to travel throughout the country during the ensuing two months, taking pictures. After the completion of his work in Bolivia on April 18, 1966, he was directed by the alleged employer to Peru for additional work. Upon his arrival in that country, he was experiencing symptoms of hepatitis and, thereafter, came under the care of Dr. Manuel Ramirez, who diagnosed his condition as infectious viral hepatitis of the fulminant type. Decedent ultimately died in Lima, Peru on May 14, 1966, and his" widow instituted this claim for death benefits. As noted above, the board granted her the benefits, ruling that decedent suffered an accidental injury by way of exposure to infection due to unsanitary working conditions in Bolivia. Appellants’ first contention on this appeal is that decedent was not an employee of the alleged employer herein and, hence, bis widow was improperly granted death benefits. We disagree. The board’s