Truck driver hired at Indiana company by phone call from Chicago office after drug test in Illinois makes employment contract in Illinois

by Admin 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

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19(b) Benefits Awarded | Employment Contract