Court rules CSX may be liable for worker’s cumulative trauma injuries

The Ohio Court of Appeals Monday ruled CSX Transportation Inc. may be liable for cumulative trauma injuries a longtime railroad worker suffered as a result of the company making his job “harder by failing to provide him with adequate equipment and assistance.

As documented in Wilson v. CSX Transp. Inc., Edward M. Wilson repaired tracks for CSX for “decades.” After undergoing surgery and treatment for degenerative knee and spinal injuries and taking disability retirement, Mr. Wilson sought relief under the Federal Employers’ Liability Act, which permits railroad employees to recover for injuries caused by the negligence of their employers.

Mr. Wilson contended CSX’s negligence caused him to suffer cumulative traumatic injuries to his knees and back over a period spanning years, as well as two acute traumatic injuries in 2012 and 2013. A trial court ruled Mr. Wilson had not introduced evidence sufficient to raise a jury question on any of his claims and entered summary judgment for CSX.

The Court of Appeals, while granting CSX summary judgment related to the two acute injuries, ruled that the company may be liable for the degenerative conditions and remanded the case back to the lower court.

The appellate court said Mr. Wilson introduced evidence that CSX was negligent in failing to furnish him with certain equipment, documenting that he did not have adequate assistance and that some of his equipment malfunctioned regularly. The court held that “CSX’s failure in this regard played some part in causing or aggravating” his degenerative knee and spinal conditions.