1. HILDEBRAND MCLEOD & NELSON
REPRESENTING INJURED RAILROAD WORKERS SINCE 1926
FREDERICK L. NELSON QUYNHL. NGUYEN VICTOR A. RUSSO
DAVID B. DRAHEIM RYANJ.OTIS MICHAEL J. VENER
ANTHONY S. PETRU BRADLEY W. WAHRLICH JAMES ROBERTS
KRISTOFFER S. MAYFIELD
350 FRANK H. OGAWA PLAZA 700 NORTH BRAND BLVD.
FOURTH FLOOR SUITE 860
WWW.HMNLAW.COM
OAKLAND, CA 94612 GLENDALE, CA 91203
1-800-447-7500 1-800-447-7500
IF YOU ARE INJURED WHILE ON DUTY:
I. Obtain medical treatment as soon as possible. You have the right to see the medical provider of your choice. You do not have to use railroad provided
treatment centers. If threatened with insubordination, comply with managers request and then seek treatment with your own medical provider or hospital.
2. Do not allow railroad management into the examination room, or to discuss treatment of your injury with your medical provider or your family.
3. Do not fill out the accident report until you are mentally and physically able.
4. Do not give a taped or written statement to the railroad.
5. Immediately contact our Office or your Union Representative to help you fill out the accident report if you are unsure of how to answer any question.
Call Hildebrand McLeod & Nelson, Inc. 1-800-447-7500
Important Medical Information for Medical Providers:
• All medical bills are paid through the employee's group health insurance policy.
• Railroad workers do not have any rights under state worker's compensation.
• When injured on the job, railroad workers are governed by the Federal Employer's Liability Act
("FELA") .
• FELA does not have a medical provision clause.
• The employer railroad does not have a right to talk to the employee's medical providers, obtain medical
records, or participate in medical examinations without the employee's prior approval.
• Employees and medical providers are not required to get the company's authorization for medical
treatment.
• The employer railroad might process the bills, but that does not waive the employee's doctor/patient
privilege.
UNDERSTANDING YOUR RIGHTS UNDER FELA IS THE FIRST STEP IN PROTECTING YOUR RIGHTS.
CONSULT WITH HILDEBRAND, McLEOD & NELSON,INC.
1-800-447 -7 500
www.hmnlaw.com
Designated Legal Counsel- Investigators/Consultants
Ron Reich C (510) 501-9818 reich@hmnlaw.com Thomas Lelevich C (916) 947-3348 lelevich@hmnlaw.com
Marty Dollar C (503) 860-1071 dollar@hmnlaw.com Bob Ricou C (661) 303-0972 ricou@hmnlaw.coll1
K.D. Lee C (661) 303-1710 kd.lcs@bak.rr.com John Kallal C (213) 509-3517 kallal@hll1nlaw.coll1
Ronald Johnson C (775) 721-5530 rxrj@aol.com Amy McCarthy C (626) 484-5374 mccarthy@hmnlaw.coll1
Carlos Mora C (916) 764-6701 mora@hnmlaw.com Art Flores C (213) 712-4945 flores@hll1nlaw.coll1
Lou Bottini C (916) 207-1089 bottini@hmnlaw.com Diego Rojas C (909) 238-1105 rojas@hmnlaw.coll1

2. ATTORNEYS & OFFICES
W"HISTLEBLOW"ER VIOLATIONS
WHAT ARE WHISTLEBLOWER VIOLATIONS?
Pursuant to 49 U.S.C. Section 20109, the railroad commits a whistleblower violation when it engages in any adverse action
against a railroad worker because that worker performed a protected activity.
Common Protected Activities: Common Adverse Actions:
• Notifying the railroad of work-related injuries and • Discipline • Intimidation
medical conditions • Firing • Threats
• Reporting hazardous safety or security conditions • Harassment • Reduced pay, hours, or
• Accurately reporting hours of service • Probation or adverse choice of jobs
• Filing or assisting with an OSHA Complaint "points" assessments • Blacklisting
• The railroad cannot delay, deny, or interfere with your • Retaliation
medical treatment
Examples of Potential Violations:
1) Termination, discipline, or harassment for reporting an on-duty injury or hazardous safety condition
2) Delaying or denying an employee's request for hospital or medical care
3) Railroad nurse or railroad doctor interfering with or delaying medical care
4) Intimidation/Harassment: Threatening investigation or discipline if an injury is reported
HOW TO PROTECT YOURSELF
1) Ask questions and get advice before and after reporting an injury
• Contact your union reps and experienced attorneys at Hildebrand McLeod & Nelson LLP
2) Explicitly request medical treatment
• Your maximum protection is when you request hospital/ER care immediately after an injury
• If you ask for the hospital, the railroad must promptly arrange transport to the nearest hospital
• With or without a request, the railroad still cannot delay, deny, or interfere with your treatment
3) Keep detailed notes
• Write down all key events, dates, times, witnesses, and conversations with railroad managers
4) Timely file a whistleblower complaint with OSHA
• Timing: You must file your complaint no later than 180 days after an adverse action
• Potential remedies: Punitive damages up to $250,000, back pay and other economic damages, emotional damages,
reinstatement and clearing of personnel record, attorney fees, and other relief afforded by the law
© HILDEBRAND McLEOD & NELSON INC. I www.hmnlaw.com

3. ATTORNEYS & OFFICES
FELA VERDICT: $569,500.00
$569,500.00 FELA Jury Verdict - December 17, 20121 Vergara v. Union Pacific Railroad Company
Hildebrand McLeod & Nelson, Inc. 1 Attorney Victor A. Russo
Los Angeles County, Los Angeles, California
On October 16, 2008, Mr. Ron Vergara, age 36, was working as a
trainman on a remote control job for Union Pacific Railroad at an
industry called Lube Industries. While attempting to uncouple two
railcars on a sharply curved track he encountered great difficulty
with the cut levers. He made several failed attempts to uncouple
the railcars which "tweaked" his back. Evidence at trial established
that the railroad and Lube Industries had received numerous com-
plaints from employees over the years that the curved track
prevented the cut levers from operating as intended. Nonetheless,
no changes in operations or the configuration of the track were
made and no warnings were given to Mr. Vergara about the known
risk of injury.
Union Pacific's doctors initially diagnosed Mr. Vergara's injuries as a "mild sprain;' but his family doctor realized he had
serious injuries and Mr. Vergara ultimately underwent back surgery in the form of a right L4-L5-$ 1 hemilaminotomy,
facetectomy and foraminotomy with microsurgical discectomy. As a result of these injuries, Mr. Vergara could not
return to work for Union Pacific. While off disabled from work, the railroad also terminated Mr. Vergara due to his failure
to provide updated medical information while he was on a leave of absence.
At the time of trial, Mr. Vergara's vocational expert testified that after a training program he could obtain employment
as a logistics coordinator. Despite his inability to work as a trainman, the railroad's lawyers argued that Mr. Vergara was
entitled to no more than $800.00 for his lost earnings, because the railroad's doctors thought the surgery he under-
went was not caused by the incident and was instead due to his history of chronic back problems. The railroad also
offered surveillance video and relied heavily on printouts from Mr. Vergara's Facebook page, where he had posted
photographs of his post-accident activities, including frequent fishing.
Before trial, the railroad offered $200,000.00 to settle Mr. Vergara's case. This offer was rejected and after a two week
trial, the jury deliberated for a day and a half before returning a gross verdict of $850,000.00. The jury also determined
that Mr. Vergara was partially at fault for the incident "for yanking on the cut lever" resulting in a net verdict of
$569,500.00. Mr. Vergara was represented at trial by Victor A. Russo of Hildebrand McLeod & Nelson, Inc.
© HILDEBRAND McLEOD & NELSON INC. I www.hmnlaw.com

4. ATTORNEYS & OFFICES
FELA VERDICT: $3,081,600.00
$3,081,600.00 FELA Jury Verdict - December 14, 2012 1 Winckler v. BNSF Railway Company
Hildebrand McLeod & Nelson, Inc. 1 Attorneys Anthony S. Petru & Jason J. Romero
Maricopa County, Phoenix, Arizona
Mr. Joseph Winckler suffered severe injuries to his knee and Injury to Right Knee, 1st & 2nd Surgeries, Joseph Winckler
ankle on May 29, 2007 when he was stepping down from a Current Condition
Medial compartment
of knee with loss
locomotive in Winslow, Arizona. He stepped down onto a tie of cartilage &
narrowing of
that was longer than standard ties because the tie was part of join/space
an approach to a fueling rack in BNSF's Winslow Yard. BNSF
had failed to properly dress the tie with ballast or other
material up to the top of the tie, as depicted in BNSF's own
engineering diagrams, and Mr. Winckler's knee and ankle
were caused to twist as he stepped down. The incident was Frayed,
degenerated
immediately reported and Mr. Winckler was eventually lateral
meniscus - ••.••• ~, •••~.
disabled from work as a conductor for BNSF. Surgical
resection of
media/meniscus
{partial),
Without work as a conductor, he went to work as a trainmas- irfrapatellar
plica
ter trainee for BNSF in Winslow, but BNSF failed to offer him a
permanent position at the end of his six month training
period. As a result, he was forced to go back to his prior line of work to support his family, working as a wildland
firefighter. Ultimately, he could not continue this work because of his knee injuries. Thereafter, he moved throughout
the country chasing non-railroad work and struggling for years before trial to make ends meet to support his family.
While he was off work, he also continued to apply for jobs with BNSF, and attempted to work directly with BNSF's
vocational manager without any success until shortly before trial when BNSF offered him a yardmaster trainee position
in Seattle, Washington. At the time of the trial he was working as a yardmaster trainee, but was not fully qualified as a
yardmaster and had not received a yardmaster seniority date. Following his yardmaster training, it was unlikely he
could hold a permanent position as a yardmaster because of his lack of yardmaster seniority.
Following a three week trial in Phoenix, Arizona, the jury found BNSF liable for Mr. Winckler's injuries and returned a
verdict of $3,852,000.00, less a finding of 20% contributory negligence by Mr. Winckler, resulting in a net verdict for Mr.
Winckler in the amount of $3,081 ,600.00. Before trial, BNSF's "last and final" offer to settle the case was $75,000.00.
Mr. Winckler was represented at trial by Anthony S. Petru of Hildebrand McLeod & Nelson, Inc. and Jason J. Romero.
© HILDEBRAND McLEOD & NELSON INC. I www.hmnlaw.com

5. Medical Insurance Information &
Revocation of Health Information Release to Employer
I. Insurance Coverage Not Through Workers' Compensation
To Whom It May Concern:
I, , am an employee with Union Pacific railroad.
As a railroad employee, I am NOT covered by workers' compensation; rather on-duty injuries for
railroad employees are governed by the Federal Employer's Liability Act ("FELA") under 45 U.S.C. §§
51, et seq.
My medical bills are paid through my employee group health insurance policy; there is no
workers' compensation coverage.
You are not required to get my employer's authorization for my medical treatment.
Date: ------- Signed: _
Print name:
-------------------
II. I Do Not Authorize the Release of My Health Information to My Employer
To Whom It May Concern:
I, , do not authorize my health care provider,
_____ -::-- _ -:-:::-
_ ' to release any of my health information to my
employer, Union Pacific. In other words, I affirmatively instruct my above-named health care provider
not to release any of my health information to my employer.
I hereby revoke any past authorizations for the release of my health information to my employer.
I also instruct my health care provider to contact me immediately if any person affiliated with
Union Pacific requests my health information.
These instructions remain in effect indefinitely, unless I authorize a release of records to my
employer in writing and pursuant to HIPPA under 45 CFR Parts 160 and 164.
Date: -------- Signed: _
Print name:
-------------------