Is Compensation Under Workers' Comp Act of Another State Possible If the Injury Accured In That State ?
In Carroll v. Industrial Comm'n, 205 Ill. App. 3d 885, 563 N.E.2d 890, 150 Ill. Dec. 763 (1990), the claimant, an over the road truck driver, was originally hired in 1969 to work in the Consolidated Freightways Chicago facility.
In 1971, a job restructuring plan forced the claimant to loose his job in Chicago, however, his seniority allowed him to bid on a similar position with the employer in North Platte, Nebraska.
The claimant moved to Nebraska, purchased a home, paid Nebraska property and income taxes, and procured a Nebraska drivers licence.
In 1978, Consolidated instituted another job restructuring plan, and as a result of that restructuring, the claimant transferred to Ketcham, Idaho, where he again purchased a home, paid taxes and procured a driver's licence.
While working out of Consolidated's Idaho facility, the claimant was injured while in the state of Washington. the claimant was compensated under the Idaho Workers' Compensation Act, but then sought benefits under the Illinois Act.
The Commission found jurisdiction under United Airlines (Walker), but the circuit court found the Commission's decision to be against the manifest weight of the evidence.
The appellate court upheld the circuit court, finding that Illinois lacked jurisdiction under United Airlines (Walker). Carroll, 205 Ill. App. 3d at 888.