15. October 2011 13:33
11 IWCC 653
Award: 19(b) Hearing, causal connection found, benefits awarded
Accident: P stepped out of truck onto uneven ledge and fell and land on his arm, hurting his Ankle and Right Shoulder. Big dispute over whether this was Illinois Work Comp case, since Respondent company is in Indiana and so was the accident.
Pursuant to the Illinois Workers' Compensation Act, there are three ways for Illinois to acquire jurisdiction over a claim where the contract of hire is made within the State of Illinois. 820 ILCS 305/1(b)2.
The contract for hire is made where the last act necessary for the formation of the contract occurred. See, Cowger v. Industrial Commission, 313 Ill.App.3d 364, 370 (5th Dist. 2000).
Passing the physical and drug screen, for which Petitioner was directed to travel to Illinois, constituted the last act necessary to constitute an employment relationship.
Injury: Complete Thickness Supraspinatus Tear R Shoulder, Ankle Sprain
Restrictions: Off work still