In F. Wright v. WCAB (Larpat Muffler, Inc.), the Claimant parked in the K-Mart lot across the highway from the Employer's premises, as usual. After he clocked in, he went back across the highway to retrieve parts he had purchased and wished to exchange. The Claimant was struck by a car while on this errand.
The Commonwealth Court analogized the case with the Sears employee injured while shopping on her lunch break and the K-Mart employee injured while acting as a good samaritan on her lunch break. While the Claimant was forced to be on the highway by the Employer's parking arrangements, the Claimant was not forced to be there by the nature of his employment or by any activity furthering the Employer's interests. Accordingly, the Court held the Claimant's claim was properly denied on the basis the Claimant was not in the course and scope of employment.