Malinski v. Industrial Commission

STEVENS, Judge.

We are here concerned with the status of an employee performing a small service for his employer while the employee is en route home after work and the application of the going and coming rule. We have this day rendered our opinion in McKay v. Industrial Commission, 6 Ariz.App. 381, 433 P.2d 32, in which certain aspects of these problems were decided. In the matter now under consideration, we do not repeat our discussion set forth in the McKay decision.

Lawrence E. Malinski had been an employee of Black and Ryan Distributors for some period of time prior to his death. The…