Abbott v. Donathon

OPINION

LOPEZ, Judge.

While the claimant’s decedent was engaged in hauling dirt for the defendant Donathon, the truck bed of decedent’s truck accidentally fell on him, resulting in his death. Claimant, decedent’s widow, brought this action against Donathon and his insurer. She received judgment under the Workmen’s Compensation Act for death benefits, funeral expenses and attorney’s fees.

The defendants’ appeal raises the following issues: (1) that the decedent was not an employee of Donathon and, therefore, was not covered by the act; and (2) that the decedent’s employment, if any, was “purely…