The case of my client Chris Bala established that the FRSA protects ALL railroad workers (not just employees with an on-the-job injury) from attendance discipline when they follow the orders of a treating doctor not to work Why? Because safety trumps discipline. No one wants medically impaired railroad employees reporting to work against their doctor’s
PATH
FRSA Bars Any Attorney Fee Awards To Railroads
By Charlie Goetsch on
Posted in Federal Rail Safety Act
If a railroad worker wins his Federal Rail Safety Act complaint, the railroad has to pay all his attorney fees. But if a FRSA complaint fails, the railroad cannot recover any attorney fees or costs against the worker.
Administrative Law Judge Adele H. Odegard’s decision in Vason v. Port Authority Trans Hudson (PATH) explains why:…