Cargill, Inc. v. Conley

TERNUS, Justice.

The appellant, Kevin Conley, suffered a back injury arising out of and in the course of his employment by the appellee, Cargill, Inc. He filed this workers’ compensation action and was awarded permanent partial disability benefits based on a twenty-percent industrial disability. On judicial review in the district court, the award was reversed because the court determined that the commissioner had considered an improper factor in making her award, namely, the employer’s discriminatory refusal to allow^ the employee to bid into other jobs upon his return to work.

On appeal, the…