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Federal Employers' Liability Act

The Federal Employers' Liability Act (FELA) is not a workers' compensation statute. Rather, it is an alternative avenue by which railroad workers who are injured on the job may be compensated. The FELA allows an injured railroad worker to pursue a negligence action against his employer for lost wages, medical costs, pain and suffering, and permanent and partial disability. Should the injury result in the railroad worker's death, the FELA also authorizes an action by the worker's surviving dependents. The damages recoverable by a dependent include those for pain and suffering, funeral expenses, and that part of the worker's earnings that were actually used to support the dependent. Notably, though, the employee's contributory negligence will diminish any recovery.

Issue of "Time" in "By Accident" Concept

Generally, for those jurisdictions adhering to the requirement of injury "by accident" for the injury to be compensable, there is an element of time. Basically, not only must the injury be "accidental" but also the causative event must be fairly identifiable as to time. It has been the general consensus among these jurisdictions that the time element is satisfied if either the event that caused the injury or the resulting injury itself was sudden. The time of the event that caused the injury is sufficiently definite if pinpointed to a span of several hours or days. As for the resulting injury, "suddenness" can include a gradual effect on the worker's body that ends with an injury that is clearly identifiable as to date.

Dual-Purpose Travel by Employee

"Dual-purpose" travel by an employee occurs when the employee embarks on a trip on behalf of the employer that coincides with travel for the employee's benefit. In other words, the journey serves both the business purpose of the employer and the personal purpose of the employee. Characterization of the trip as business, personal, or both does not have to be made at the outset of the trip. A trip can start out as purely personal but then transform into a business endeavor.

Evidence in Workers' Compensation Administrative Proceedings

Workers' compensation administrative proceedings are considered less formal than their judicial counterparts, due in large part to the treatment of evidence. Though the procedural aspects are more relaxed than in a judicial proceeding, the parties are entitled to the strict observation of procedural due process.

Adult Consultative Examination Reports

When an adult Social Security Disability Insurance claimant fails to provide, or provides inadequate, medical information to make a "disability" determination, the Social Security Administration (SSA) will request that a consultative examination (CE) be performed. The claimant's treating physician or an independent medical source may perform the CE. When the CE has been completed, a report must be provided to the SSA that meets the minimum requirements specified by the SSA.