Appeal from a decision of the Workers’ Compensation Board, filed April 13, 1993, which ruled that claimant sustained an accidental injury in the course of his employment.
Claimant contends that the Workers’ Compensation Board erred in finding that his injuries arose out of and in the course of his employment. The injury occurred in the employer’s parking lot when claimant was walking toward an exit from the lot. He was struck by a vehicle operated by a fellow employee. According to claimant, he had arrived at the employer’s premises one half hour before he normally would have arrived for his shift so that he could have lunch at a nearby restaurant before his shift began. Claimant testified that he was on his way to the restaurant when the accident occurred. Relying largely upon the fact that the accident occurred on the employer’s premises in a parking lot which was reserved exclusively for employees, the Board concluded that the accident arose out of and in the course of employment.
A parking lot maintained by the employer constitutes precincts of employment (Matter of Ott v Gem Elec. Mfg. Co.,
That claimant may have been on a personal errand at the exact time of the accident is not determinative (see, Matter of Voight v Rochester Prods. Div., GMC,
Claimant contends that the evidence which suggests that the accident occurred about 10 minutes before the start of the shift, instead of the 40 or 45 minutes alleged by claimant, was not offered or admitted at the hearing. The Board, however, did not rely on that evidence, but instead concluded that the accident arose out of and in the course of claimant’s employment regardless of whether it occurred as claimant alleged or at some later time. The Board’s decision is affirmed.
Cardona, P. J., Crew III, Weiss and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.
