Workers’ compensation – FELA – Collateral source rule

A judge did not abuse commit an abuse of discretion by admitting evidence of malingering in a railroad worker’s Federal Employers’ Liability Act suit alleging cumulative, or wear-out, injuries to his neck and knees.

Crowther v. Consolidated Rail Corporation, et al. (Lawyers Weekly No. 01-134-12) (13 pages) (Souter, J.) (1st Circuit) Appealed from a decision by Ponsor, J., in the U.S. District Court for the District of Massachusetts. Thomas J. Joyce III for the plaintiff-appellant; Andrew E. Tauber, with whom Paul W. Hughes, Mayer Brown, Michael B. Flynn, Heather M. Gamache and Flynn & Wirkus were on brief, for the defendants-appellees (Docket No. 11-1578) (May 18, 2012).