William J. Welsh, Appellee/cross-Appellant v. Burlington Northern, Inc., Employee Benefits Plan, Appellant/cross-Appellee

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In 1977, William Welsh injured his lower back at work. As a result, he was unable to continue his previous job with his employer, a railroad, but moved to another position with the company, making less money. He sued the railroad in state court in 1980 for damages resulting from that injury; the suit was based on the Federal Employers’ Liability Act (FELA), see 45 U.S.C. §§ 51-60. In late 1984, a jury awarded him $500,000 on a general verdict. That award was affirmed on appeal. See Welsh v. Burlington Northern Railroad Co., 719 S.W.2d 793 (Mo.Ct.App.1986).