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Legal Information

Blocked Crossings: Federal vs State Law

Decision prohibiting RR from requiring attendance at an Investigation following injury. Wallis vs BNSF Railway.

9th Circuit Decision stating a State may enact a Railroads own operating rules as an enforcement standard.
UP,SP, BNSF vs California Public Utilities Comm. & Summary of Case

U.S. Department of Labor Administrative Law Judge, Theresa C. Timlin, held in Bala v. Port
Authority Trans-Hudson Corp., 2010-FRS-00026, that Section 20109(c)(2) which prohibits employers
from disciplining employees “for following orders or a treatment plan of a treating physician” applies to all sick or injured workers, regardless of where the injury occurred. Bala was injured while moving boxes at home. He was charged with violation of the railroad’s attendance policy due to failure to appear for work and was subsequently suspended. Judge Timlin held that Bala was disciplined for following the treatment plan of his doctors and assessed damages of $1,101 plus interest and attorneys’ fees. Bala v Port Authority Trans-Hudson Corporation