concurring. While I agree with the decision to reverse and remand this case, I feel compelled to express my opinion on some points raised by the majority. The case at bar is not controlled by Foster d/b/a/ Big Chain Liquor Store v. Johnson, 264 Ark. 894, 576 S.W.2d 187 (1979). The Arkansas Supreme Court, in Foster, specifically held that the assault on Foster took place off the business premises. Therefore, it appears that the Supreme Court decided Foster on the basis that the injuries did not “arise out of” Foster’s employment. In the case at bar, the Commission specifically found that the assault on the deceased employee either occurred or originated on the employer’s parking lot. Thus, the “arising out of” requirement of the statute is satisfied. However, the Commission, apparently believing that Foster also dealt with the “in the course of” requirement, denied benefits without reaching the ultimate issue, i.e., whether the assault actually occurred “in the course of” Bagwell’s employment.
Westark Specialties v. Lindsey, 259 Ark. 351, 532 S.W.2d 757 (1976), is a case which, in my view, has a great deal of bearing on the case at bar. In Lindsey, the worker was seated in a vehicle on his employer’s parking lot, apparently endorsing his paycheck. Two fellow employees, located some distance away from his vehicle, got into an argument and one of the co-workers discharged a firearm. The bullet struck Lindsey.
The risk of Lindsey’s injury was essentially neutral, i.e., not related to his work and not related to personal matters. Therefore, I can find no justification for finding that his accident was compensable unless the Arkansas Supreme Court intended to adopt Professor Larson’s “positional risk” doctrine. This doctrine provides a method of satisfying the “in the course of” requirement where the source of the injury is unexplained. By unexplained, I mean that there is no evidence before the Commission as to whether the injury arose “in the course of” an employee’s work, or whether it arose “in the course of” purely personal pursuits. For a general discussion of the “positional risk” doctrine, see Larson, Workmen’s Compensation Law §§ 10.00 — 10.22.