Court Overturns WCB's Assertion of Jurisdiction Over Railroad Worker's Claim

A New York appellate court last week ruled that the state Workers’ Compensation Board erred in taking jurisdiction over a railway worker’s claim of injury without first determining whether every relevant party had waived rights and remedies under federal law. Railway workers are generally covered by the Federal Employers Liability Act. The act provides benefits to workers for on-the-job injuries and expressly pre-empts state law remedies, including workers' compensation claims, "for railway employees injured in the course of employment when any part of that...