Opinion · Nylaw New York

MATTER OF KWAPICH v. ALUMINUM CO. OF AMERICA, 282 App. Div. 972 (1953)

In the Matter of Claim of ANTHONY KWAPICH, Respondent, against ALUMINUMCO. OF Am., Appellant.WORKMEN'S Comp. Bd., Respondent., 282 A.D. 972 (Appellate Division of the Supreme Court of New York, Third Department. 1953)

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1953-11-12
Topic
general

MATTER OF KWAPICH v. ALUMINUM CO. OF AMERICA, 282 App. Div. 972 (1953) In the Matter of the Claim of ANTHONY KWAPICH, Respondent, against ALUMINUMCO. OF AMERICA, Appellant.WORKMEN'S COMPENSATION BOARD, Respondent.Appellate Division of the Supreme Court of New York, Third Department.

Citator

UpLaw has not yet analyzed MATTER OF KWAPICH v. ALUMINUM CO. OF AMERICA, 282 App. Div. 972 (1953). The absence of a flag is not a finding that it is good law.

MATTER OF KWAPICH v. ALUMINUM CO. OF AMERICA,282 App. Div. 972(1953)
In the Matter of the Claim of ANTHONY KWAPICH, Respondent, against ALUMINUM
CO. OF AMERICA, Appellant.
WORKMEN'S COMPENSATION BOARD, Respondent.
Appellate Division of the Supreme Court of New York, Third Department.
November 12, 1953.
Appeal from Workmen's Compensation Board.
The employer maintained a parking lot for the exclusive benefit of its employees located immediately adjacent to its plant. However, a high wire fence separated the parking lot from the plant area, so that it was necessary for employees leaving the plant to go through a main gate and travel 140 feet on a public highway to enter the parking lot. Upon finishing his work at the plant claimant customarily proceeded by the most direct route and by the route made necessary by the employer to the parking lot to enter the car of a coemployee to ride to his home. On the occasion involved here claimant proceeded from the plant directly to the parking lot, and while on the parking lot fell and sustained injuries. The accident occurred within five minutes after the employee had actually left his work in the plant. It has been held time and again that injuries sustained in entering or leaving the employer's premises are an incident to the employment and are compensable. Appellant's contention that by walking 140 feet on a public sidewalk claimant took himself out of the course of his employment is a strained construction and is without merit. Claimant's injuries were sustained because of a risk involved in the employment, upon the employer's premises, and were incidental to the employment. (Matter of Fredricksonv.Ledkote Products Co.,270 App. Div. 970;Matter of Lynchv.Cityof New York,242 N.Y. 115;Matter of Manvillev.New York StateDept. of Labor,294 N.Y. 1.) Award unanimously affirmed, with costs to the Workmen's Compensation Board.
Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ.