Leo T. Vogelsang v. Western Maryland Railway Company

Leo Vogelsang appeals the dismissal of his claim under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq., against his employer, the Western Maryland Railway Company, for damages resulting from a work-related injury. Vogelsang and the Railway stipulated the operative facts and the district court, treating the Railway’s motion to dismiss as one for summary judgment under Fed.R.Civ.P. 12(b), held Vogel-sang’s exclusive remedy to be under the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901 et seq. We affirm.

These stipulated facts show that the Railway…