25 A.D.2d 597 | N.Y. App. Div. | 1966
Appeal by the employer and its insurance carrier from a decision of the Workmen’s Compensation Board which denied a review of an award made by the Referee. The award followed the board’s finding that claimant’s accident arose out of and in the course of employment upon a prior determination which reversed a disallowance. Claimant was employed as an adjustment clerk in a department store located in a shopping center and customarily drove to work and parked in the large parking lot adjacent to the shopping center. She parked in the rear of the lot in accordance with the employer’s instructions in order to facilitate customer parking near the store. On December 14, 1962 the claimant parked her car as usual, and while walking to the entrance maintained by the employer for the employees she slipped on ice and fell sustaining a fractured right wrist. There is some dispute as to whether claimant fell in the parking lot or within close proximity to the employer’s entrance. The board found the parking facilities were a convenience to the employer and employees as well as for the convenience of customers and that the use of the parking area by the employees furthered