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HAYES v. CSX TRANSP., INC.

No. 92-1706.

985 F.2d 137 (1993)

Greg HAYES, Plaintiff-Appellant, v. CSX TRANSPORTATION, INCORPORATED, a Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 22, 1993.

Attorney(s) appearing for the Case

Paul J. Passanante, Gray & Ritter, P.C., St. Louis, MO, argued (Benjamin A. Neil, Benjamin A. Neil & Associates, Baltimore, MD, on the brief), for plaintiff-appellant.

Stephen Bennett Caplis, Whiteford, Taylor & Preston, Baltimore, MD, argued (H. Russell Smouse, Whiteford, Taylor & Preston, on the brief), for defendant-appellee.

Before NIEMEYER, Circuit Judge, and SPROUSE and CHAPMAN, Senior Circuit Judges.

OPINION

CHAPMAN, Senior Circuit Judge:

The issue is whether the appellant Greg Hayes was engaged in maritime employment so that his exclusive remedy for injuries arising out of his employment with CSX Transportation, Inc. (CSX) is under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-950 (1988), and not under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60 (1988). We agree with the district...

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