Les Schwab Tire Center v. Elmer's Pancake House

Petitioner challenges an order of the Workers’ Compensation Board affirming the referee’s holding that petitioner is responsible for claimant’s compensable back injury. Claimant sustained a low back strain and hamstring rupture in 1979 while working for Elmer’s Pancake House. He was relatively free of symptoms until June 28, 1984, when he was lifting tires at petitioner’s. He felt a pressure sensation in his lower back, which left him sore by the end of his shift. He exacerbated the condition a few days later while shoveling dirt in a non-employment situation. On de novo review we conclude…