Hernandez v. Monfort, Inc.

PlERRON, J.:

Jose Hernandez appeals the decision of the Workers Compensation Board (Board) that he did not qualify for a work disability.

At the time of the regular hearing in this case, Hernandez had been employed by Monfort, Inc. (Monfort) for 5% years. In October 1996, as part of his job, Hernandez was on the kill floor pulling barrels weighing over 200 pounds and filled with hocks. He developed pain in his back that was unbearable. Hernandez went to his own physician, Dr. Oppliger, who diagnosed a lumbar strain. Restrictions were put on Hernandez’ work until November 1996.

In July 1997,…