Nebraska Court of Appeals Upholds Permanent Total Disability Award for Tyson Foods Plant Worker
Won by Rensch and Rensch.
The Nebraska Court of Appeals affirmed a three-judge panel's ruling that Gloria Montoya, a Tyson Foods worker, was permanently and totally disabled as a result of injuries sustained on the job, rejecting the company's appeal in full.
What happened
Gloria Montoya worked at a Tyson Foods production facility in Nebraska, performing the physically demanding tasks common to large-scale meat processing operations. Over time, her work caused injuries that left her unable to return to any gainful employment. She brought a claim before the Nebraska Workers' Compensation Court seeking permanent total disability benefits.
A trial judge found in Montoya's favor, awarding benefits consistent with a 100 percent permanent total disability finding. Tyson Foods challenged the result, and the matter went before a three-judge review panel within the Workers' Compensation Court. The panel affirmed the trial award in full.
Sean P. Rensch and Richard J. Rensch of Rensch and Rensch represented Montoya through both the trial and appellate stages. Tyson Foods then carried the case to the Nebraska Court of Appeals, where Douglas L. Phillips of Klass Law Firm argued on the company's behalf.
The Court of Appeals, in a decision filed April 17, 2012, affirmed the three-judge panel's order. The court declined to disturb the findings on Montoya's disability status or the underlying award of benefits. Tyson Foods did not prevail at any level of the proceedings.
The case is reported as Montoya v. Tyson Foods, Inc., No. A-11-624 (Neb. Ct. App. Apr. 17, 2012).
Sources
This account is drawn from contemporaneous public reporting and the court record.
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