Simmons v. Texas City Terminal Railway Co.

MURPHY, Justice.

We are called upon to determine whether an injured maritime employee who is covered by the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950 (1976), may elect to bring suit under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60 (1976). We hold that any person who is an “employee” as defined by the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) and otherwise qualifies for coverage under that statute may not sue for damages under the Federal Employers’ Liability Act (FELA). Affirmed.

Leon A. Simmons (Appellant) was employed by the…