High Point gave Giordano and its employees access to the parking lot. High Point did not own the lot but leased several parking spots from the landlord. As part of the lease, High Point was partially responsible for maintenance costs of the parking lot.

 The judge of compensation found that Giordano was entitled to fifteen percent permanent partial disability. High Point appealed the decision, arguing that the judge erred by concluding that Giordano suffered from a compensable claim.

 The Superior Court of New Jersey, Appellate Division, noted that usually a court must defer to the judge of compensation's factual findings and legal determinations. However, where the focus of the dispute is on the alleged error in the judge's evaluation of the underlying facts and the implications to be drawn therefrom, the function of the court broadens. If the review of the record leaves the court with the definite conviction that the compensation judge went so wide of the mark that a mistake must have been made, the appellate court may appraise the record as if it were deciding the matter at inception and make its own findings and conclusions.

 In this instance, the appellate court pointed out that New Jersey law on the going and coming rule had evolved over the years and basically became the premises rule. The premises rule declares that employment begins when the employee arrives at the place of employment to report for work and terminates when the employee leaves the place of employment, excluding areas not under the control of the employer. The pivotal questions under the premises rule are: where was the situs of the accident; and did the employer have control of the property on which the accident occurred.

 The court found that High Point did have control over the parking lot where Giordano fell. High Point leased parking area in the parking lot for its employee and invitees. Per the lease, High Point was responsible for a portion of the operating expenses so it was partly responsible for the maintenance of the lot. Moreover, High Point did control where employees parked by directing them to park in certain spots.

 The court ruled that High Point did control the ingress and egress to work by providing employee parking and directing employees where to park. Because High Point had control over the parking lot in this case, the injury is compensable under the premises rule. The court held that Giordano suffered a compensable injury and is entitled to workers compensation benefits because she was injured in the course of employment in an employer-controlled parking lot.

 The ruling of the judge of compensation was affirmed.

 Editor's Note: The Superior Court of New Jersey, Appellate Division, rules that the going and coming rule in the state has basically been replaced by the premises rule wherein workers compensation benefits are granted if the accident occurred on premises that are under the control of the employer. In this instance, the court found that the accident did occur in an employer-controlled parking lot while the employee was walking toward her place of employment and so, the employee was entitled to workers comp benefits.