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LES SCHWAB TIRE CTR. v. ELMER'S PANCAKE HOUSE

WCB 84-09090, 84-13541; CA A39373.

734 P.2d 13 (1987)

84 Or.App. 425

In the Matter of the Compensation of Patrick J. Duty, Claimant. LES SCHWAB TIRE CENTER OF PORTLAND, Petitioner, v. ELMER's PANCAKE HOUSE, Safeco Insurance Company and Patrick J. Duty, Respondents.

Court of Appeals of Oregon.

Decided March 18, 1987.

Attorney(s) appearing for the Case

D. Kevin Carlson, Portland, argued the cause and filed the brief for petitioner.

Cynthia S.C. Shanahan, Portland, argued the cause for respondents Elmer's Pancake House and Safeco Ins. Co. With her on the brief were Schwabe, Williamson, Wyatt, Moore & Roberts and Roger A. Luedtke, Portland.

William H. Schultz and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, appeared for respondent Patrick J. Duty.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

PER CURIAM.

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...

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