Richey v. Barrett Business Services

Claimant seeks review of an order of the Workers’ Compensation Board (Board) upholding employer’s denial of his lower back injury claim. Claimant argues that the Board applied an incorrect legal standard. We agree and reverse and remand for reconsideration.

The relevant facts are not in dispute. Claimant worked as a “leased employee” whom employer assigned out to other employers. While working as a construction laborer on a residential work project, claimant slipped and fell. He did not feel immediate pain; rather, pain in his lower back came on gradually over the next few days. Three days…