Bussa

Petitioners are the widow and minor children of George Hemingway, who died from a heart attack on May 16, 1963. Petitioners applied for death benefits under the workmen’s compensation law, naming two alleged employers as defendants. After hearings, respondent board’s referee ordered that petitioners take nothing as to either employer. Respondent board granted reconsideration but entered a decision after reconsideration affirming the referee’s findings and order. We granted review.

For 15 years preceding his fatal heart attack, the decedent had been continuously employed in respondent city's fire department as a full-time fireman. The city is legally permitted to be, and is, uninsured for workmen’s compensation purposes. For approximately six years, the decedent had also been employed by respondent Acme Fire Extinguisher Company (hereinafter “Acme”). Respondent The Travelers Insurance Company (“Travelers”) appears herein as Acme’s workmen’s compensation insurance carrier.

The decedent worked as a fireman “one day on and two days off.” His employment by Acme was a “moonlighting” job, at which he worked irregular hours of his own choosing during his off-duty time with the fire…