Kerpen v. Bill Boyer Ford, Inc.

Relator, employed as a used-car salesman, was injured on the premises of his employer when he submitted to a massage of his back by a fellow employee. The fellow employee had relator lie on a bench and proceeded to push down several times on his back, presumably somewhat in the manner of a chiropractic manipulation. The fellow employee, however, was a used-car salesman and not a chiropractor. Although the commission noted that the used-car manager for respondent employer was aware of one other person upon whom the employee had “performed a ‘massage,’ ” the evidence did not compel a finding,…