Claim of Hille v. Gerald Records

Scileppi, J. (dissenting).

I dissent and vote to affirm.

As a general rule, in order that an injury arise out of and in the course of employment within the meaning of the Workmen’s Compensation Law, it must have occurred on the employer’s premises, and injuries received while going to and from work are not compensable. The reason for this rule stems from the basic purpose of the Workmen’s Compensation Law to shoulder on industry the expense incident to the hazards of industry. As one court has aptly put it, the reason for the Workmen’s Compensation Law ‘ ‘ is that in a modern industrial state…