upon the whole record and all the evidence, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended. Further, the Board Is duly constituted by Agreement, has Jurisdiction of the Parties and of the subject matter, and the Parties to this dispute were given due notice of the hearing thereon.
On the date of the incident, Claimant was working with a crew whose assignment covered changing out four defective cross ties. The ties arrived at the scene in a dump truck which was pulling a backhoe on a trailer. The backhoe was to be used In handling the ties.
to unload the ties hidden from his view from the cab of the backhoe because of the high skies on the truck.
In Hsu of approaching the backhoe operator and advising him of his Intent to aid the operation, Claimant climbed into the truck, shouting back to the backhoe operator of his attempt
The backhos operator leaned his head out of the backhoe cab, and In doing so his left *g brushed the swing lever for the boom. knocking Claimant Into the tailgate of the truck.
Clalmant's error which led to the knock down and his pain Is due to not having a briefing with the machine operator. Chances are the machine operator would not have had to loan out of the cab to hear Claimant's explanation of his Intent which in turn resulted In his left leg hitting the swing lover and Claimant would not have been knocked down.
Claimant worked the rest of the day on the 22"", a full day on the 23°°, and a full day on the 241'. He was off on the 25`", 28s' (Thanksgiving holiday), and off on the 27* and the 28"' his rest days, and on Monday the 29'° he formally reported the Injury.
Claimant did state he told his Supervisor on the 22"°, but when asked if he wanted to file a report. Claimant advised he diet not, thinking with the two workdays reainlng to be worked followed by four days off that the muscular ache he experienced would go away.
Claimant's Supervisor was in error by not insisting he Mo an injury report to protect himself and the Caroler despite Claimant's disdain for the paperwork required in reporting.