OMAHA, Neb. (AP) — The Nebraska Supreme Court has ordered a new trial for a man who says he was wrongly fired from the job he had held nearly 35 years after the company refused to accommodate disabilities he had suffered on the job.

The high court says a Lancaster County District judge made errors in the trial of Lenard Arens’ lawsuit against concrete construction company NEBCO of Lincoln. That includes barring testimony from a vocational rehabilitation counselor who could establish that NEBCO knew of and had previously accommodated Arens for his mental impairments after a work-related head injury in 1996.

The case stems from Arens’ 2010 firing after his boss said he was reckless, irresponsible and failed to report to employer-mandated counseling. Arens argued the complaints were pretext to discriminate against him.