Claim of Berry v. B. Gertz, Inc.

Appeal by the employer and its carrier from a decision and award of the Workmen’s Compensation Board which unanimously affirmed a Referee’s decision that claimant sustained an accident arising out of and in the course of employment. Claimant worked as a sales clerk in the employer’s department store located in a shopping center in Hicksville, N. Y. The employer’s store is one of many retail outlets in the shopping plaza. The stores are all grouped in the center of a mall which is completely surrounded by parking fields estimated to accommodate 8,000 ears. The parking area is operated by the…