The United States Court of Appeals for the 2nd Circuit, breaking from established federal case law, last week ruled that the "Discovery Rule" governs the statute of limitations for making claims of cumulative trauma injuries under the Federal Employer's Liability Act (FELA).In Mix vs. Delaware and Hudson Railway (02-9200, 09/23/03) Mix worked for D & H Railway at various
railway yards as a laborer, trainer, qualified conductor, and engineer between 1979 and 2000. In November 1993 Mix consulted an otolaryngologist, about ringing in his ears and hearing loss, which at that time he felt was due ...
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