Claim of Penzara v. Maffia Bros.

In my view, the injury to claimant’s eye did not arise out of and in the course of his employment. The employers are two brothers operating a small automobile supply and machine shop. Claimant was employed as a handyman. On the day in question, while he was bending in a vise a spring clip for the glove compartment of his automobile, the spring slipped injuring his left eye. He was working upon his own automobile, not used in the service of his employers.

Although this accident happened at five o’clock and he was required to remain upon his employers’ premises until the shop closed at 5:30 in…