Claim of Husted v. Seneca Steel Service, Inc.

Larkin, J. (dissenting).

We respectfully dissent. In our view the question presented is whether an inside employee involved in an automobile accident on a public highway while on his way to work, whose injuries are sustained on the employer’s premises, has been injured in the course of his employment and is entitled to compensation.

Although the premises of an employer, for compensation purposes, includes a parking lot maintained for employees (Malinka v Mugavero, 27 AD2d 691), only under limited circumstances has the concept of the precinct or area of employment been extended to situations…