Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233 (10th Cir. 2001). · Go Syfert
Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233 (10th Cir. 2001). Cases Citing This Book View Copy Cite
126 citation events (126 in the last 25 years) across 36 distinct courts.
Strongest positive: Sandoval v. Union Pacific Railroad Co. (nmd, 2005-11-02)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Sandoval v. Union Pacific Railroad Co. (4×) also: Cited as authority (rule), Cited "see"
D.N.M. · 2005 · signal: compare · quote attribution · 1 verbatim quote · confidence high
statute of limitations begins to run when the plaintiff knows or has reason to know of the existence and cause of the injury which is the basis of his action.
examined Cited as authority (quoted) Laslie v. Cicero (2×) also: Cited as authority (rule)
N.D. Ill. · 2021 · quote attribution · 1 verbatim quote · confidence low
but the usual and it seems to us the correct characterization of the doctrine of continuing violation is that it is a doctrine governing accrual, not a tolling doctrine, because we don't want the plaintiff to sue before the violation is complete.
cited Cited as authority (rule) Hurston v. Grand Trunk W. RR. Co.
unknown court · 2024 · confidence medium
Rather, a FELA claim accrues when the plaintiff knows or should know that his injury is merely work-related.” Matson v. Burlington N. Santa Fe RR., 240 F.3d 1233, 1236 (10th Cir.2001).
discussed Cited as authority (rule) Pascal Metrics, Inc. v. Health Catalyst, Inc.
Del. Super. Ct. · 2023 · confidence medium
Super.). 15 Id. at *3 (quoting Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir. 2001)). 7 ‘inherently unknowable and the claimant is blamelessly ignorant of the wrongful act and the injury complained of.’”16 Applying the discovery rule requires a fact intensive inquiry that may require factfinding by a jury.17 “It has long been held that courts should not ‘apply statute of limitations law in a way that pressures litigants to file suits based merely on suspicions and fears.’”18 For Pascal to be on inquiry notice, it was not sufficient that Pascal had knowledge…
discussed Cited as authority (rule) NEWLAND v. NORFOLK SOUTHERN RAILWAY COMPANY
W.D. Pa. · 2022 · confidence medium
Plaintiffs “have ‘an affirmative duty to exercise reasonable diligence and investigate the cause of a known injury.’” Id. (quoting Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir. 2001)).
discussed Cited as authority (rule) Adams v. United States
D. Colo. · 2022 · confidence medium
Under the continuing tort doctrine, “where a tort involves a continuing or repeated injury, the cause of action accrues at, and limitations begin to run from, the date of the last injury.” Maston v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1237 (10th Cir. 2001) (citation and internal quotation marks omitted); see also Syms v. Olin Corp., 408 F.3d 95, 108 (2d Cir. 2005) (“The continuing tort doctrine is based on the idea that certain torts continually give rise to new causes of action, which can be brought notwithstanding the expiration of the limitations period for prior causes of act…
discussed Cited as authority (rule) Barroca v. United States (2×) also: Cited "see, e.g."
D. Kan. · 2021 · confidence medium
Under the continuing tort doctrine, “where a tort involves a continuing or repeated injury, the cause of action accrues at, and limitations begin to run from, the date of the last injury.” Maston v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1237 (10th Cir. 2001) (citation and internal quotation marks omitted).
discussed Cited as authority (rule) Estate of Valdez v. BNSF Railway Company
Del. Super. Ct. · 2020 · confidence medium
In cases such as this, where the plaintiff may have been exposed to toxic substances years before any symptoms arise, the United States Supreme Court has adopted a “discovery rule” for determining the date the cause of action accrued.14 Under the “discovery rule,” the statute of limitations “begins to run when the plaintiff knows or has reason to know of the existence and cause of the injury which 14 See Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir. 2001) (citing United States v. Kubrick, 444 U.S. 111 , 121–23 (1979)). 5 is the basis of his action.”15 The …
cited Cited as authority (rule) Bluel v. BNSF Railway Company
D. Colo. · 2020 · confidence medium
Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir. 2001).
cited Cited as authority (rule) Nelson v. Grand Trunk Western Railroad Company
E.D. Mich. · 2020 · confidence medium
Matson v. Burlington N.Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir.2001).
cited Cited as authority (rule) Wilks v. BNSF Railway Company
E.D. Okla. · 2020 · confidence medium
Clearly, a FELA claim must be brought within three years of the day the claim accrues. 45 U.S.C. § 56 ; Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir. 2001).
discussed Cited as authority (rule) Haywood v. Finnerman
S.D. Ill. · 2019 · confidence medium
Since “ ‘the cause of action accrues at . . . the date of the last injury,’ ” id. at 319 (quoting Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1237 (10th Cir. 2001), the court determined that the actual accrual date was within the limitations period.
discussed Cited as authority (rule) Hunt v. Union Pacific Railroad Company
Del. Super. Ct. · 2017 · confidence medium
However, the cases that Defendant relies on to make this argument do not support the conclusion that Plaintiff must definitively prove compliance with the statute of limitations at this 15 45 U.S.C. § 56 . 16 See Matson v. Burlington Northern Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir. 2001) (citing United States v. Kubrick, 444 U.S. 111, 121-23 (1979)). 17 Id. (quoting Indus.
discussed Cited as authority (rule) Craig Robert Nunn v. Tennessee Department of Correction
Tenn. Ct. App. · 2017 · confidence medium
Nunn signed a document agreeing to abide by the Halloween restrictions and curfew on September 16, 2009, more than one year before he filed his complaint on September 29, 2010. 12 The Seventh Circuit noted this disagreement in Heard v. Sheahan, 253 F.3d 316, 319 (7th Cir. 2001): Some cases say that the doctrine of continuing violation is a tolling doctrine, Davis v. United States Dept. of Justice, 204 F.3d 723, 726 (7th Cir. 2000) (per curiam); Herman v. National Broadcasting Co., 744 F.2d 604, 607 (7th Cir. 1984); Matson v. Burlington Northern Santa Fe R.R., 240 F.3d 1233, 1236-37 (10th Cir. …
discussed Cited as authority (rule) Wright v. BNSF Railway Co. (2×) also: Cited "see"
N.D. Okla. · 2016 · confidence medium
Under the discovery rule, the “federal ‘statute of limitations begins to run when the plaintiff knows or has reason to know of the existence and cause of the injury which is the basis of his action.’ ” Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir.2001) (citations omitted).
discussed Cited as authority (rule) Anderson v. BNSF Railway (2×)
Mont. · 2015 · confidence medium
Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1237 (10th Cir. 2001).2 ¶34 The gravamen of Anderson’s argument on appeal is that the way courts relying on these precedents typically apply the discovery rule in FELA cases makes it effectively impossible for most railroad workers to bring a timely claim for a cumulative trauma injury.
cited Cited as authority (rule) Heller v. BNSF Railway Co.
Or. Ct. App. · 2014 · confidence medium
Matson v. Burlington Northern Santa Fe R.R., 240 F3d 1233, 1235 (10th Cir 2001); Abate v. Southern Pacific Transp.
discussed Cited as authority (rule) Schoof v. Nesbit (2×)
Mont. · 2014 · confidence medium
Bridgman, ¶ 24; Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir. 2001). ¶10 As noted, Schoof has invoked the statutory discovery rule.
cited Cited as authority (rule) Schoof v. Nesbit
Mont. · 2014 · confidence medium
Bridgman, ¶ 24; Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir. 2001). ¶51 As noted, Schoof has invoked the statutory discovery rule.
examined Cited as authority (rule) Bridgman v. Union Pacific Railroad (4×) also: Cited "see"
Mont. · 2013 · confidence medium
Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir. 2001).
discussed Cited as authority (rule) Bridgman v. Union Pacific (2×) also: Cited "see"
Mont. · 2013 · confidence medium
Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir. 2001).
cited Cited as authority (rule) McCool v. Norfolk Southern Railway Corp.
N.D. Ohio · 2013 · confidence medium
Munns v. CSX Transp., Inc., 579 F.Supp.2d 924, 929 (N.D.Ohio 2008) (citing Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir.2001)).
discussed Cited as authority (rule) Eugene Devbrow v. Eke Kalu
7th Cir. · 2013 · confidence medium
Id. at 319 (“ ‘[T]he cause of action accrues at ... the date of the last injury.’ ” (emphasis added) (alteration in original) (quoting Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1237 (10th Cir.2001))).
discussed Cited as authority (rule) Brenner v. Consolidated Rail Corp.
E.D. Pa. · 2011 · confidence medium
Plaintiffs have “an affirmative duty to exercise reasonable diligence and investigate the cause of a known injury.” Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir.2001); see also Tolston v. Nat’l R.R.
discussed Cited as authority (rule) Robinson v. BNSF Railway Co. (2×) also: Cited "see"
10th Cir. · 2011 · confidence medium
“FELA permits railroad workers to recover for injuries caused by the negligence of their employers or fellow employees.” Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir.2001). 1 “To maintain a claim under FELA, the plaintiff must allege and prove that the action was filed ‘within three years from the day the cause of action accrued.’ ” Id. (quoting 45 U.S.C. § 56 ).
discussed Cited as authority (rule) Lockley v. CSX Transportation Inc. (2×)
Pa. Super. Ct. · 2010 · confidence medium
Matson v, Burlington Northern Santa Fe Railroad, 240 F.3d 1233, 1235 (10th Cir. 2001).
discussed Cited as authority (rule) Wallace v. United States (2×) also: Cited "see"
10th Cir. · 2010 · confidence medium
In Matson v. Burlington Northern Santa Fe R.R., 240 F.3d 1233, 1237 (10th Cir.2001), we rejected application of the continuing wrong doctrine to save plaintiffs lawsuit seeking damages for a back injury.
discussed Cited as authority (rule) Kennedy v. BNSF Railway Corp. (2×) also: Cited "see"
Okla. Civ. App. · 2009 · confidence medium
Matson v. Burlington Northern Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir.2001), (citing King v. S. Pac.
cited Cited as authority (rule) Collins v. National Railroad Passenger Corp.
Md. Ct. Spec. App. · 2009 · confidence medium
Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir.2001) (citations omitted) (internal quotations omitted).
cited Cited as authority (rule) Munns v. CSX Transportation, Inc.
N.D. Ohio · 2008 · confidence medium
Matson v. Burlington Northern Santa Fe Railroad, 240 F.3d 1233, 1235 (10th Cir.2001).
cited Cited as authority (rule) Limestone Devmt Corp v. Village of Lemont
7th Cir. · 2008 · confidence medium
Heard v. Sheahan, supra, 253 F.3d at 319-20 ; Matson v. Burlington Northern Santa Fe R.R., 240 F.3d 1233, 1237 (10th Cir. 2001).
cited Cited as authority (rule) Limestone Development v. Village of Lemont, Ill.
7th Cir. · 2008 · confidence medium
Heard v. Sheahan, supra, 253 F.3d at 319-20 ; Matson v. Burlington Northern Santa Fe R.R., 240 F.3d 1233, 1237 (10th Cir.2001).
cited Cited as authority (rule) Crowther v. Consolidated Rail Corp.
D. Mass. · 2007 · confidence medium
Matson v. Burlington Northern Santa Fe R.R., 240 F.3d 1233, 1236 (10th Cir.2001).
discussed Cited as authority (rule) Christiansen v. Union Pacific Railroad
Utah Ct. App. · 2006 · confidence medium
In cases of latent injury, courts apply a “discovery rule,” under which the cause of action accrues only when “ ‘the plaintiff knows or has reason to know of the existence and cause of the injury which is the basis of his action.’ ” Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir.2001) (citation omitted).
discussed Cited as authority (rule) Bolden v. Southeastern Pennsylvania Transportation Authority
Pa. Commw. Ct. · 2005 · confidence medium
Lilly v. Grand Trunk Western Railroad Co., 317 U.S. 481, 486 , 63 S.Ct. 347 , 87 L.Ed. 411 (1943) ("The Act, like the Safety Appliance Act, is to be liberally construed in light of its prime purpose, the protection of employees and others by requiring the use of safe equipment”)(internal citations omitted); Urie v. Thompson, 337 U.S. 163, 190 , 69 S.Ct. 1018 , 93 L.Ed. 1282 (1949) ("[W]e do not doubt that the prime purpose of the Boiler Inspection Act [now the LIA] was the protection of railroad employees and perhaps also of passengers and the public at large from injury due to industrial ac…
discussed Cited as authority (rule) Hughes v. Lake Superior & Ishpeming Railroad
Mich. Ct. App. · 2004 · confidence medium
We do not retain jurisdiction. 1 45 USC 51 et seq. 2 Vaughan v Grand Trunk W R Co, 153 Mich App 575 ; 396 NW2d 440 (1986). 3 Norfolk & W R Co v Ayers, 538 US 135 , 141 n 1; 123 S Ct 1210 ; 155 L Ed 2d 261 (2003); 45 USC 56. 4 Monessen S R Co v Morgan, 486 US 330, 335 ; 108 S Ct 1837 ; 100 L Ed 2d 349 (1988). 5 Gortney v Norfolk & W R Co, 216 Mich App 535, 538 ; 549 NW2d 612 (1996). 6 Maiden v Rozwood, 461 Mich 109, 119 ; 597 NW2d 817 (1999). 7 American Commercial Liability Ins Co v Aageson Thibo Agency, 226 Mich App 336, 340-341 ; 573 NW2d 637 (1997). 8 Maiden, supra at 119 . 9 Id.; Gortney, s…
cited Cited as authority (rule) Lecy v. Burlington Northern & Santa Fe Railway Co.
Minn. Ct. App. · 2003 · confidence medium
Thus, the plaintiff is required to use “reasonable diligence and investigate the cause of a known injury.” Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir. 2001).
discussed Cited as authority (rule) Dahl v. United States
10th Cir. · 2003 · confidence medium
Plaintiffs contend that all FTCA claims are governed by the discovery rule, which provides that the limitations period begins “when the plaintiff knows or has reason to know of the existence and cause of the injury which is the basis of his action.” Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir.2001) (internal quotation marks omitted).
discussed Cited as authority (rule) Plaza Speedway Inc. v. United States (2×)
10th Cir. · 2002 · confidence medium
See e.g., Rotella, 120 S.Ct. at 1080-82 (RICO); Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir.2001) (FELA).
cited Cited as authority (rule) Wagner v. Union Pacific Railroad
Neb. Ct. App. · 2002 · confidence medium
Matson v. Burlington Northern Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir. 2001).
discussed Cited as authority (rule) Heard v. Sheahan
7th Cir. · 2001 · confidence medium
Some cases say that the doctrine of continuing violation is a tolling doctrine, Davis v. United States Dept. of Justice, 204 F.3d 723, 726 (7th Cir.2000) (per curiam); Herman v. National Broadcasting Co., 744 F.2d 604, 607 (7th Cir.1984); Matson v. Burlington Northern Santa Fe R.R., 240 F.3d 1233, 1236-37 (10th Cir.2001); Fletcher v. Union Pacific R.R., 621 F.2d 902, 908 (8th Cir.1980), and if this is right it would, because this is a section 1983 suit, bring Illinois law into play.
discussed Cited as authority (rule) Delbert Heard v. Michael F. Sheahan
7th Cir. · 2001 · confidence medium
See, e.g., Freeman v. Madison Metropolitan School District, 231 F.3d 374, 381 (7th Cir. 2000); Provencher v. CVS Pharmacy, 145 F.3d 5 , 14 (1st Cir. 1998); Rush v. Scott Specialty Gases, Inc., 113 F.3d 476, 481 (3d Cir. 1997). 7 Some cases say that the doctrine of continuing violation is a tolling doctrine, Davis v. United States Dept. of Justice, 204 F.3d 723, 726 (7th Cir. 2000) (per curiam); Herman v. National Broadcasting Co., 744 F.2d 604, 607 (7th Cir. 1984); Matson v. Burlington Northern Santa Fe R.R., 240 F.3d 1233, 1236-37 (10th Cir. 2001); Fletcher v. Union Pacific R.R., 621 F.2d 902…
discussed Cited as authority (rule) Heard, Delbert v. Sheahan, Michael F.
7th Cir. · 2001 · confidence medium
Some cases say that the doctrine of continuing violation is a tolling doctrine, Davis v. United States Dept. of Justice, 204 F.3d 723, 726 (7th Cir. 2000) (per curiam); Herman v. National Broadcasting Co., 744 F.2d 604, 607 (7th Cir. 1984); Matson v. Burlington Northern Santa Fe R.R., 240 F.3d 1233, 1236-37 (10th Cir. 2001); Fletcher v. Union Pacific R.R., 621 F.2d 902, 908 (8th Cir. 1980), and if this is right it would, because this is a section 1983 suit, bring Illinois law into play.
cited Cited "see" Dawson v. BNSF Railway Co.
Kan. · 2019 · signal: see · confidence high
See Matson , 240 F.3d at 1235 .
discussed Cited "see" Bruno v. Metropolitan Transportation Authority (2×)
S.D.N.Y. · 2008 · signal: see · confidence high
See Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1236 (10th Cir.2001) (citing Bealer v. Missouri Pac.
discussed Cited "see" Frastaci v. Vapor Corp.
Cal. Ct. App. · 2007 · signal: see · confidence high
Co. (10th Cir. 1988) 855 F.2d 1485, 1488, fn. 1 .) In contrast, the BIA imposes an “absolute duty” on railroad carriers to ensure their locomotives are properly maintained and safe to operate. *1396 (Fontaine, supra, 54 Cal.App.4th at p. 1525 ; see Matson v. Burlington Northern Santa Fe R.R. (10th Cir. 2001) 240 F.3d 1233, 1235 .) “ ‘The FELA allows recovery in a broad range of situations, while liability under the BIA only occurs under narrow circumstances. . . .’ [Citation.]” (Fontaine, supra, 54 Cal.App.4th at p. 1525 .) Specifically, the BIA states: “A railroad carrier may us…
cited Cited "see" Hajek v. Burlington Northern Santa Fe Railroad
9th Cir. · 2001 · signal: see · confidence high
See Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1236 (10th Cir.2001) (FELA plaintiff need not know of specific causation to begin running of statute of limitations).
cited Cited "see" Grams v. Kaiser
10th Cir. · 2001 · signal: see · confidence high
See Matson v. Burlington N. Santa Fe RR, 240 F.3d 1233, 1234 (10th Cir.2001).
discussed Cited "see, e.g." Fullen v. City of Salina, Kansas
D. Kan. · 2021 · signal: see also · confidence medium
The Tenth Circuit has not yet decided whether the continuing violation doctrine applies to § 1983 claims.43 The Court assumes “[f]or the sake of argument,” as the Tenth Circuit has, that it does.44 That said, the doctrine is triggered “by continual unlawful acts, not by continual ill effects from the original violation.”45 The doctrine does not apply when the injury is “definite and discoverable, and nothing prevented the plaintiff from coming forward to seek redress.”46 In the § 1983 context, federal courts have widely rejected the assertion that the continued retention of prope…
discussed Cited "see, e.g." Tressler v. National Passenger Railroad Corp.
D.D.C. · 2012 · signal: see also · confidence medium
Co., 909 F.2d 1092, 1094 (7th Cir. 1990)); see also Matson v. Burlington N. Santa Fe R.R., 240 F.3d 1233, 1235 (10th Cir. 2001) (holding that the FELA statute of limitations begins to run when the plaintiff “knows or has reason to know of the existence and cause of the injury which is the basis of his action”).
Retrieving the full opinion text from the archive…
Dennis Duane MATSON, Plaintiff-Appellant,
v.
BURLINGTON NORTHERN SANTA FE RAILROAD, a Corporation, Defendant-Appellee
00-1045.
Court of Appeals for the Tenth Circuit.
Feb 21, 2001.
240 F.3d 1233
2001 U.S. App. LEXIS 2564
2001 WL 170474
Richard J. Dinsmore, Omaha, NE, for the appellant., Alan Epstein (Frederick T. Martinez with him on the brief), of Hall & Evans, L.L.C., Denver, CO, for the appellee.
Briscoe, Baldock, Murphy.
Cited by 65 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: N.D. Illinois (1)
BRISCOE, Circuit Judge.

Plaintiff Dennis Matson appeals the entry of summary judgment in favor of his former employer, defendant Burlington Northern Santa Fe Railroad (BNSF). The district court concluded that Matson’s claims under the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60, and the Locomotive Inspection Act (LIA), 49 U.S.C. §§ 20701-20703 (formerly known as the Boiler Inspection Act, 45 U.S.C. §§ 22-34), were barred by the statute of limitations. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

I.

Matson worked for BNSF as a locomotive brakeman and conductor from 1974 to 1998. At an appointment with a doctor on February 22,1995, he complained of multiple ailments, including what he described as chronic lower back pain. On April 21, 1995, he returned for a second visit and reported a significant change in the amount of back pain he was experiencing. Specifically, he stated that the pain radiated to his right thigh and increased whenever he sat down. Further, Matson shared his belief that the pain was “due to his work on the railroad.” Appellant’s App. at 101. He and his doctor then discussed “the relation of some of these symptoms or all of these symptoms possibly to some factors of working on the railroad,” including Matson’s irregular work schedule, his positioning on the locomotive and the length of time he spent in that position. Id. at 88.

Seeking to avoid any invasive treatment for his back condition, Matson began seeing a chiropractor on May 26, 1995. The chiropractor gave Matson a work status form on June 1, 1995, which stated that he was suffering from work-related “repetitive vibration causing degenerative joint dysfunction.” Id. at 76. It was later determined that Matson had a herniated and degenerated disc in his lower back, allegedly caused by years of exposure to “whole-body vibrations” while riding on BNSF’s locomotives. Id. at 16.

Matson filed this action on May 29,1998, alleging that BNSF was hable under FELA and LIA for his back injury. Following discovery, BNSF moved for summary judgment, asserting that both claims were barred by FELA’s three-year statute of limitations, 45 U.S.C. § 56, because Matson knew or should have known prior to May 29, 1995, that his back injury was work-related. The district court agreed and granted the motion. The district court also rejected Matson’s argument that it should apply the continuing tort doctrine and toll the statute of limitations.

Matson timely appeals, arguing (1) that the district court erred in granting summary judgment because there is a factual dispute as to when he learned that his back injury was caused by the repetitive motion of BNSF’s locomotives and (2) that even if he knew or should have known the cause of his injury more than three years before filing suit, the district court erred in failing to toll the statute of limitations under the continuing tort doctrine.

II.

We review a district court order granting summary judgment de novo.[*1235] Cooperman v. David, 214 F.3d 1162, 1164 (10th Cir.2000). Summary judgment is appropriate when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ. P. 56(c). “When applying this standard, we view the evidence and draw reasonable inferences therefrom in the light most favorable to the nonmov-ing party.” Cooperman, 214 F.3d at 1164.

III.

FELA and LIA are “remedial and humanitarian” statutes that impose two separate types of liability to protect the safety of railroad employees. King v. S. Pac. Transp. Co., 855 F.2d 1485, 1488 n. 1 (10th Cir.1988). FELA permits railroad workers to recover for injuries caused by the negligence of their employers or fellow employees. Feichko v. Denver & Rio Grande W. R.R. Co., 213 F.3d 586, 591-92 (10th Cir.2000). LIA, on the other hand, imposes “an absolute duty” on railroad carriers to ensure that their locomotives are both properly maintained and safe to operate. King, 855 F.2d at 1488. Because LIA does not create an independent cause of action, such a claim must be brought under FELA. Feichko, 213 F.3d at 588 n. 4.

A.

To maintain a claim under FELA, the plaintiff must allege and prove that the action was filed “within three years from the day the cause of action accrued.” 45 U.S.C. § 56; see Rohner v. Union Pac. R.R. Co., 225 F.2d 272, 274 n. 7 (10th Cir.1955). FELA does not define when a cause of action accrues, but it is often clear from the nature of the injury when the statute of limitations starts to run. For example, “[cjases which involve a traumatic injury or a single breach of duty and an immediately manifest injury pose little difficulty in determining the commencement of the limitations period.” Nat’l R.R. Passenger Corp. v. Krouse, 627 A.2d 489, 493-94 (D.C.App.1993).

The accrual issue, however, is “[m]ore problematic [in] cases involving latent injuries which cannot be discovered immediately or those where the injury has an indefinite onset and progresses over many years unnoticed.” Id. at 494. To avoid the harshness of applying a strict limitations period that could theoretically require a plaintiff to file suit before a latent injury manifested itself, the Supreme Court has crafted a “discovery rule” for determining when a federal cause of action accrues. See United States v. Kubrick, 444 U.S. 111, 121-23, 100 S.Ct. 352, 62 L.Ed.2d 259 (1979); Urie v. Thompson, 337 U.S. 163, 168-71, 69 S.Ct. 1018, 93 L.Ed. 1282 (1949). Under this rule, a federal “statute of limitations begins to run when the plaintiff knows or has reason to know of the existence and cause of the injury which is the basis of his action.” Indus. Constructors Corp. v. United States Bureau of Reclamation, 15 F.3d 963, 969 (10th Cir.1994). This rule imposes on plaintiffs an affirmative duty to exercise reasonable diligence and investigate the cause of a known injury. See Arvayo v. United States, 766 F.2d 1416, 1422 (10th Cir.1985). Although this court has not addressed whether the discovery rule applies in the context of a FELA action, several circuits have applied the rule in FELA cases. See Aparicio v. Norfolk & W. Ry. Co., 84 F.3d 803, 814 (6th Cir.1996); Fries v. Chicago & N.W. Transp. Co., 909 F.2d 1092, 1095 (7th Cir.1990); Albert v. Maine Cent. R.R. Co., 905 F.2d 541, 544 (1st Cir.1990); Townley v. Norfolk & W. Ry. Co., 887 F.2d 498, 501 (4th Cir.1989); Kichline v. Consol. Rail Corp., 800 F.2d 356, 359 (3d Cir.1986); DuBose v. Kansas City S. Ry. Co., 729 F.2d 1026, 1030 (5th Cir.1984).

The district court applied the discovery rule in this ease and concluded that Mat-son’s claims were time-barred because his claims accrued more than three years be[*1236] fore he filed suit on May 29, 1998. Specifically, the district court held that Matson’s claims accrued no later than April 21,1995, when he and his doctor discussed the potential connection between his back pain and his employment with BNSF. As an alternative basis for granting summary judgment, the district court also noted that on an insurance form dated May 26, 1995, Matson stated that his back injury was caused by “repetitive motion” while on duty with BNSF.

According to Matson, the district court should not have relied on the April 21, 1995, conversation as a trigger for FELA’s statute of limitations because his doctor never told him that the repetitive motion of BNSF’s locomotives could be a source of his pain. Instead, Matson argues, his claims did not accrue until June 1, 1995-the date his chiropractor diagnosed the repetitive vibrations as the specific cause of his back injury. He also argues there is a factual dispute as to whether he knew on June 1, 1995, that the vibrations were the cause of his degenerative back condition. More specifically, he admits that the insurance form on which he stated that his back injury was caused by work-related repetitive motion is dated May 26, 1995, but he asserts that he completed the form after June 1, 1995, and simply back-dated it to cover his first chiropractic appointment. As further evidence of a factual dispute, Matson points to a form he completed for BNSF’s medical department on May 30, 1995, on which he stated that the cause of his back injury was “unknown.” Appellant’s App. at 40.

By focusing exclusively on when he learned that the repetitive vibrations of BNSF’s locomotives allegedly caused his back injury, Matson attempts to incorporate a “specific causation” element into the discovery rule. However, knowledge of the specific cause of a work-related injury is not required to trigger the statute of limitations in a FELA action. Rather, a FELA claim accrues when the plaintiff knows or should know that his injury is merely work-related. Bealer v. Missouri Pac. R.R. Co., 951 F.2d 38, 39 (5th Cir.1991) (per curiam). Therefore, the relevant inquiry in this case is when Matson knew or should have known there was a causal relation between his employment with BNSF and his back injury, not when Matson knew the repetitive vibrations of BNSF’s locomotives was the specific cause of that back injury.

The undisputed facts in this case reveal that Matson knew about his back injury and should have known that his employment with BNSF was a potential cause of that injury no later than April 21, 1995. See Fries, 909 F.2d at 1095 (stating “the injured plaintiff need not be certain which cause ... is the governing cause but only need know or have reason to know of a potential cause”). He complained of “chronic” back pain during his February 1995 appointment and attributed that pain to “his work on the railroad” at his second appointment on April 21, 1995. Appellant’s App. at 95, 101. Matson’s doctor similarly “started to draw an inference” during the April appointment that the back pain was work-related, and Matson and his doctor discussed the possible ways the pain could be connected to Matson’s employment. Id. at 88. By that date, Matson was on notice that his job was a potential cause of his back injury. Armed with that knowledge, Matson had a duty to exercise reasonable diligence and investigate whether this suspicion was correct. See Johnson v. Norfolk & W. Ry. Co., 836 S.W.2d 83, 86 (Mo.Ct.App.1992) (“Rather than waiting for a physician’s diagnosis, a plaintiff has an affirmative duty to investigate his injury and any suspect cause once he experiences symptoms.”). The district court correctly held that Matson’s claims accrued no later than April 21,1995.

B.

Matson next contends that even if he knew or should have known the cause of his injury more than three years before he[*1237] filed suit, the district court erred in failing to toll the commencement of FELA’s limitations period by applying the continuing tort doctrine. Under that doctrine, “‘where a tort involves a continuing or repeated injury, the cause of action accrues at, and limitations begin to run from, the date of the last injury.’ ” Tiberi v. Cigna Corp., 89 F.3d 1423, 1430 (10th Cir.1996) (quoting 54 C.J.S., Limitation of Actions § 177 (1987)). According to Matson, because he was exposed to the repetitive vibrations of BNSF’s locomotives his entire career, his claims did not accrue until his retirement (and therefore his last exposure to the vibrations) in 1998.

The continuing tort doctrine does not apply in this case. The continuing tort doctrine is inapplicable when the injury is “ ‘definite and discoverable, and nothing prevented the plaintiff from coming forward to seek redress.’ ” Tiberi, 89 F.3d at 1431 (quoting Wilson v. Giesen, 956 F.2d 738, 743 (7th Cir.1992)). [1] Here, Matson knew about his back injury and should have known its cause more than three years before he filed suit. Accordingly, the continuing tort doctrine does not prevent the running of FELA’s statute of limitations in this case. Cf. United States v. Hess, 194 F.3d 1164, 1176 n. 13 (10th Cir.1999) (declining to apply continuing tort doctrine in trespass action because the government should have reasonably discovered defendants’ ongoing trespass).

Perhaps foreseeing this result, Matson cites Fowkes v. Pennsylvania Railroad Co., 264 F.2d 397 (3d Cir.1959), and Fletcher v. Union Pacific Railroad Co., 621 F.2d 902 (8th Cir.1980), for the proposition that when a railroad employee is subjected to ongoing conditions that cause an injury, FELA’s statute of limitations is tolled until the last day the employee is exposed to those conditions, even if the employee was aware of the injury and its cause beforehand. [2] In Fowkes, the court held that a railroad worker’s claim for an arthritic shoulder caused by several years of using an air hammer did not accrue before he “was relieved of jolting work with the heavy hammer.” 264 F.2d at 399. In Fletcher, the court characterized Fowkes as applying the continuing tort doctrine to a FELA claim, and it relied on that decision to hold that the railroad company’s refusal over many years to accommodate an employee’s back injury by assigning him to a less strenuous position constituted a continuing tort sufficient to toll the employee’s claim until the date of his transfer. 621 F.2d at 908.

Although Fowkes and Fletcher may appear to support Matson’s position, subsequent interpretations of those decisions undercut his arguments on appeal. For example, the Third Circuit has clarified that it did not apply the continuing tort doctrine in Fowkes because the jury in that case specifically found that the plaintiff neither knew nor should have known about his arthritis more than three years before filing suit. See Kichline, 800 F.2d at 359-60. In other words, the plaintiffs claim did not accrue prior to leaving his position, and there was no need to toll the statute of limitations. Noting that it would be “an entirely different situation” if the plaintiff had known of his injury and its cause before he stopped using the air hammer, id. at 359, the Kichline court interpreted “Fowkes to mean that continuing conduct of defendant will not stop the ticking of the limitations clock begun when plaintiff obtained requisite information,” id. at 360. Following the Third Circuit’s[*1238] rejection of the continuing tort doctrine in Kichline, at least one court has expressly declined to follow Fletcher because it was based on a misreading of Fowkes, see Krouse, 627 A.2d at 496-97, and other courts have held that the continuing tort doctrine does not toll FELA’s statute of limitations where a plaintiff knows or should have known about the injury and its cause. See, e.g., Mounts v. Grand Trunk W. R.R., 198 F.3d 678, 583-84 (6th Cir. 2000); Ricard v. Elgin, Joliet & E. Ry. Co., 750 F.Supp. 372, 375 (N.D.Ind.1990); Stokes v. Union Pac. R.R. Co., 687 F.Supp. 552, 554 (D.Wyo.1988). In this case, the undisputed evidence reveals that Matson knew about his injury and should have known its potential cause no later than April 21, 1995 — several years before he retired from BNSF. The district court was correct in refusing to apply the continuing tort doctrine to Matson’s claims.

AFFIRMED.

1

. Matson insists that Tiberi's reliance on Wilson was misplaced and should not be followed in this case. Because we axe bound by the decisions of other panels of this court, see In re Smith, 10 F.3d 723, 724 (10th Cir.1993) (per curiam), we do not address this contention.

2

. Matson also cites Simmons v. American Mutual Liability Insurance Co., 433 F.Supp. 747 (S.D.Ala.1976), aff'd, 560 F.2d 1022 (5th Cir.1977), for this proposition, but that diversity case is readily distinguishable because it involved the application of a state law tolling rule in a breach of warranty claim.