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High Court to Decide if Railway Can Withhold Part of FELA Award

By Sherri Okamoto (Legal Reporter)

Thursday, January 30, 2014 | 0

The Missouri Supreme Court is set to hear oral argument next week in a dispute about whether a railway had failed to satisfy a jury's award of damages to an injured worker because it withheld a portion of the award to cover the employee's alleged tax liabilities under the Railroad Retirement Tax Act.A jury had awarded veteran BNSF yard conductor and switchman Lawrence Mickey $345,731 in damages, plus prejudgment interest and costs, on his claim against his employer for violations of the Federal Employers' Liability Act.After BNSF unsuccessfully appealed, the railway paid Mickey the...

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