Tieszen v. John Morrell & Co.

VON WALD, Circuit Judge.

Randy L. Tieszen (Tieszen) appeals adverse determination of worker’s compensation benefits. We reverse and remand.

FACTS

Tieszen first became employed for John Morell & Company (Morrell) in May 1987 as a strike replacement worker. He left Mor-rell in July 1987 because of threats made on his life by striking workers. Tieszen was rehired by Morrell on August 12, 1987, and he was assigned to the pork kill area of the plant as a hog splitter, which was the same type of work that he had performed at Mor-rell during his previous employment by them.

In September of 1987, Tieszen…