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IN ORDER FOR THE INJURED RAILROAD WORKER TO BE ELIGIBLE FOR WORKERS’ COMPENSATION LAW BENEFITS, ALL PARTIES WOULD HAVE TO WAIVE FEDERAL JURISDICTION UNDER THE FEDERAL EMPLOYER’S LIABILITY ACT (FELA), MATTER SENT BACK (THIRD DEPT). ​

The Third Department determined that claimant, a railroad employee injured on the job, could only be found eligible for Workers’ Compensation benefits if all the relevant parties consented to waive federal jurisdiction under the Federal Employer’s Liability Act (FELA), which otherwise preempts the Workers’ Compensation Law. The matter was sent back to the Workers’ Compensation Board:

FELA preempts state law remedies, including workers’ compensation claims, “for railway employees injured in the course of employment when any part of that employment furthers interstate commerce” … . An exception is contained in Workers’ Compensation Law § 113, which empowers the Board to award workers’ compensation benefits if “the claimant, employer and insurance carrier waive their federal rights and remedies” … . This can be accomplished with an explicit waiver by all parties or, alternatively, when conduct such as ” representation of the employer by experienced counsel; utilization by the parties of the [B]oard’s machinery at a series of hearings resulting in a series of awards; and payment and acceptance of those awards” demonstrates an implied waiver … . Absent “a joint waiver or agreement evidencing an intention to be bound by” a workers’ compensation award in lieu of the otherwise exclusive FELA remedy, the workers’ compensation claim cannot proceed … . Matter of McCray v CTS Enters., Inc., 2018 NY Slip Op 07997, Third Dept 11-21-18

WORKERS’ COMPENSATION LAW (IN ORDER FOR THE INJURED RAILROAD WORKER TO BE ELIGIBLE FOR WORKERS’ COMPENSATION LAW BENEFITS, ALL PARTIES WOULD HAVE TO WAIVE FEDERAL JURISDICTION UNDER THE FEDERAL EMPLOYER’S LIABILITY ACT (FELA), MATTER SENT BACK (THIRD DEPT))/FEDERAL EMPLOYER’S LIABILITY ACT (FELA) (IN ORDER FOR THE INJURED RAILROAD WORKER TO BE ELIGIBLE FOR WORKERS’ COMPENSATION LAW BENEFITS, ALL PARTIES WOULD HAVE TO WAIVE FEDERAL JURISDICTION UNDER THE FEDERAL EMPLOYER’S LIABILITY ACT (FELA), MATTER SENT BACK (THIRD DEPT))/RAILROAD WORKERS (WORKERS’ COMPENSATION LAW, IN ORDER FOR THE INJURED RAILROAD WORKER TO BE ELIGIBLE FOR WORKERS’ COMPENSATION LAW BENEFITS, ALL PARTIES WOULD HAVE TO WAIVE FEDERAL JURISDICTION UNDER THE FEDERAL EMPLOYER’S LIABILITY ACT (FELA), MATTER SENT BACK (THIRD DEPT))

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