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Railway Could not Withhold Taxes from Worker's FELA Award

By Sherri Okamoto (Legal Reporter)

Thursday, June 13, 2013 | 0

A railway that withheld a portion of the $345,000 award a jury issued to an injured employee on his Federal Employers' Liability Act claim to cover the employee's alleged tax liabilities under the Railroad Retirement Tax Act failed to satisfy the judgment against it in full.Case: Mickey v. BNSF Railway Co., No. ED98647, 06/11/2013, published.Facts: Lawrence Mickey worked for the BNSF Railway Co. as a yard conductor and switchman for 40 years. In 2008, he filed a claim against the railway pursuant to the Federal Employers' Liability Act, asserting BNSF's negligence had caus...

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