BNSF Railway Co. v. Buttrick

OPINION

SWANN, Judge.

¶ 1 This case involves two proceedings in two forums. The first is an action pending in superior court in which Roy Crain is suing his employer, BNSF Railway Company, under the Federal Employers’ Liability Act (“FELA”) to recover damages for personal injuries sustained on the job (the “FELA action”).

¶2 During the FELA litigation, BNSF asked Crain to submit medical notices as required under the Collective Bargaining Agreement (“CBA”) between Crain’s union and BNSF. In response, Crain sought a protective order under Ariz. R. Civ. P. 26(c), and the trial court granted it. The…