Dependents of Pacheco v. Orchids of Hawaii

*71DISSENTING OPINION OF

LEVINSON, J., WITH WHOM MARUMOTO, J., JOINS

This case is before us upon stipulated facts and presents a question of first impression under Hawaii’s Workmen’s Compensation Law.1 The question is whether an employee who is injured off the employer’s premises during an unpaid coffee break but while en route to a bank to cash a paycheck has suffered an injury “arising out of and in the course of employment.” A majority of this court is of the opinion that compensation should be awarded. It reasons that “an employee, who is allowed to venture off-premises during an authorized…