In re the Rehabilitation of Empire Mutual Insurance

Sandler, J. (dissenting).

On April 10,1978, the claimant Armando Barone sustained injuries on the premises of Elan’s Service Station, Inc. (Elan), when he was struck by a vehicle driven by Eliahou Haim, president of the corporation that owned the station. Mr. Barone, not a regular employee of the service station, was patching a hole on the premises of the station at Mr. Haim’s request when Haim entered an automobile, which was awaiting repairs, drove it toward the repair bays, accidentally hit Mr. Barone and injured him.

A referee disallowed Mr. Barone’s claim for first-party (no-fault)…