Plaintiff Juan De La Cerda worked for defendant Intermountain Slurry Seal, Inc. (ISS) as a driver and laborer on a seasonal basis. ISS did not rehire De La Cerda in 2007; it claimed it could no longer accommodate his disability and could not afford to have extra labor present to assist De La Cerda with lifting. Olsen declared that after De La Cerda's accident, De La Cerda performed "light duty" work for ISS. ISS provided an assistant to help De La Cerda with lifting and De La Cerda performed other light work such as posting notifications on homes, driving, and training. The court noted De La Cerda had failed to provide evidence of how ISS could furnish sufficient accommodations such that it would enable De La Cerda to perform his former job.

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