Everett Erickson v. Burlington Northern Railroad Company, a Corporation

2 F.3d 1156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Everett ERICKSON, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, a corporation, Defendant-Appellee. No. 91-36288. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 14, 1993. * Decided Aug. 4, 1993. Before CANBY, WIGGINS and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Although Erickson did not submit a counterstatement of facts, Burlington Northern's statement of agreed facts raises the issue: would a reasonable man have been put on inquiry as to the possible existence of a work-related cause of his hearing loss? This question is posed against the factual background that Erickson had worked in a noisy environment and a few times left the shop because of screeching noises. 3 The statute of limitations begins to run when the claimant knows or has reason to know (1) of the injury and (2) its cause. Herrera-Diaz v. United States, 845 F.2d 1534, 1537 (9th Cir.), cert. denied 488…