Maintenance Worker’s Out-Of-State Employment, Injury Does Not Bar Illinois Jurisdiction
Adams v. Conway Central Express, 12 ILWCLB 45 (Ill.Ind.Comm.2004).
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.
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.