Dismissal Of Appeal Rejected & Jury Award Upheld After Work Comp Benefits Deducted.

Response by the Court of Appeal when the parties notified the court the matter had been settled:  “The parties stipulated to a dismissal of the appeal on the day before the matter was initially set for oral argument based on a proposed settlement. We rejected the stipulation and re-calendared oral argument because we determined that the reasons of the parties for requesting dismissal and vacating the trial court judgment did not outweigh the erosion of public trust that may result from the nullification of the judgment and the risk that it would reduce the incentive for pretrial settlement.”

This is what the case was about:  There was a collision involving two trains and plaintiff, a member of the derailment team, was seriously injured when a block from a crane fell on his head. He brought both a workers’ compensation claim and an action against Union Pacific Railroad under the Federal Employers’ Liability Act [FELA]. He was awarded $3,695,493.93 which was reduced by the amount of the work comp lien to $2,695,493.93. The Court of Appeal held the trial court did not err in determining the plaintiff could seek recovery against the railroad under FELA after accepting workers’ compensation benefits through his special employer. The appeals court also found there was substantial evidence to support the jury’s finding Union Pacific had the right to control plaintiff’s work as well as the coworker whose negligence caused plaintiff’s injury, the trial court did not err in awarding attorney fees payable out of the workers’ compensation lien amount and that the trial court did not abuse its discretion when it granted defendant’s motion for new trial for excessive damages and deducting the lien amount from the amount of the judgment.  Collins v. Union Pacific Railroad Company   (Cal. App. Fourth, Div. 2; July 11, 2012.) 207 Cal.App.4th 867.