Case name: Adams v. Conway Central Express, 12
ILWCLB 45 (Ill.Ind.Comm.2004).
Ruling: The
Commission affirmed the arbitrator's
finding that Illinois had jurisdiction over a maintenance worker who was
injured Indiana. Although working out
of an Indiana terminal, the maintenance worker maintained significant contacts
with Illinois.
What is means:
Illinois jurisdiction over an employee who was transferred to, and injured at,
an out-of-state is proper where the employee maintains significant contracts
with Illinois.
Summary: In April
2001, the claimant was injured while employed as a maintenance worker for the
defendant at its Gary, Ind., terminal. He was hired in 1989 in Illinois, and
the claimant worked in Illinois until 1990, when he was transferred to the
defendant's Indiana
terminal. Following the transfer, the claimant continued to work for the
employer at its Bridgeview, Des Plaines and Joliet terminals in Illinois. The
claimant testified that he predominantly worked at the Indiana terminal. The
employer's operations
manager for the Indiana terminal testified that the claimant worked in Illinois
following his transfer to Indiana. The arbitrator found that Illinois
jurisdiction over the claim was proper, as the claimant maintained significant
contracts with the State of Illinois. Upon review, the Commission affirmed and
adopted the decision of the arbitrator.
The claimant testified that he retained the right to voluntarily
transfer to the Illinois terminal, he retained his address and maintained his
home in Illinois. Also, evidence indicated that at the time of arbitration, the
claimant possessed an Illinois'
driver's license and
paid Illinois state income tax.
