Backowski v. Workmen's Compensation Appeal Board

Opinion by

Senior Judge Barbieri,

Dominie C. Backowski, Claimant, appeals here the order of the Workmen’s Compensation Appeal Board *341(Board), which sustained a decision of a referee in dismissing a claim petition for compensation filed by Claimant.

The referee’s findings are conflicting. Compensable disability is established by the following:

2. On October 13 and October 16, 1979, claimant sustained a lumbar sprain which aggravated his preexisting developmental flaw in the fifth lumbar vertebra while performing his duties as a warehouse manager for employer on employer’s premises.

3. Timely and…