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Railway Worker Waited too Long to ReFile FELA Claim

By WorkCompCentral

Friday, September 18, 2015 | 0

The Illinois Appellate Court ruled that a railway worker forfeited his Federal Employers' Liability Act claim by nonsuiting his original claim and then waiting more than three years after his alleged date of injury to refile. Case: Klancir v. BNSF Railway Co., No. 13 L 11652, 09/10/2015, published. Facts: Stephen J. Klancir allegedly suffered injuries in January 2009 while working for the BNSF Railway Co. He filed a complaint against the railway in June 2009 for violation of the Federal Employer’s Liability Act. The matter was set for trial, but scheduling conflicts for the c...

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