Wistrom v. Duluth, Missabe & Iron Range Railway Co.

OPINION

KALITOWSKI, Judge.

Appellant challenges the district court’s order granting respondent’s motion for summary judgment and dismissing appellant’s action brought under the Federal Employers’ Liability Act, contending that the court erred in determining that appellant’s sole remedy lies under the Long-shore and Harbor Workers’ Compensation Act.

FACTS

Appellant John Wistrom worked various jobs for respondent Duluth, Missabe and Iron Range Railway Company from 1976 to March 1996. During this time appellant was covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA). The record…