California Court of Appeal

In a suit by a railroad contractor who was injured while responding to a train derailment, the damage award to plaintiff pursuant to Federal Employers' Liability Act, 45 U.S.C. section 51 et seq. (FELA) is affirmed over claims that: 1) plaintiff was barred from recovering both worker's compensation benefits and FELA damages; 2) there is insufficient evidence to support the finding that plaintiff was a "special employee" of Union Pacific; and 3) the trial court erred in reducing the worker’s compensation lien to pay attorney's fees.

Appellate Information

• Decided 07/11/2012
• Published 07/11/2012

Judges

• RAMIREZ

Court

• California Court of Appeal

Counsel