Multi-Jurisdictional Workers' Compensation...
Transcript of Multi-Jurisdictional Workers' Compensation...
Multi-Jurisdictional Workers' Compensation Claims Selecting the Jurisdiction and Navigating Conflicting State Laws Regarding Benefits, Rights and Responsibilities
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TUESDAY, FEBRUARY 14, 2012
Presenting a live 90-minute webinar with interactive Q&A
Thomas O. Sippel, Partner, Leitner, Williams, Dooley & Napolitan, Roswell, Ga.
Sean W. Martin, Member, Leitner Williams Dooley & Napolitan, Chattanooga, Tenn.
Michael C. Milstein, Bryce Downey & Lenkov, Chicago
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Jurisdiction- The legal power, right, or authority of a
particular court to hear and determine causes Subject Matter Jurisdiction
The authority of a court to hear cases of a particular type or cases relating to a specific subject matter
Rare issue in practice Illinois: liberal state= Petitioner’s want to file here
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Each state has its own statute which codifies jurisdiction under its own system of Workers’ Compensation laws
What are the factors for determining if a State has jurisdiction?
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Place where injury occurs Place of employment contract Place where the employment relationship is
carried out Place where the employment is localized Place where the employee resides Place whose statutes the parties have adopted
by contract
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All states apply jurisdiction if the injury occurs within that state
43 states apply jurisdiction if the contract for employment was made within that state
40 states apply jurisdiction if the employment is principally located in that state
However, 15 states will not apply their law to out-of-state employers with insurance in another state
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Cowger v. Industrial Commission (2000 Illinois Appellate Court) Petitioner was a truck driver injured in Texas Petitioner resided in Illinois Respondent was domiciled in Indiana When Petitioner called to inquire about the job, he was told his “job
hunting days were over” Petitioner thought this meant he was hired, but he had to complete
a drug test and fill out paperwork Petitioner also had to pick up his tractor in Indiana Petitioner received instructions from Indiana
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Cowger v. Industrial Commission (Illinois Appellate Court) Court held that for there to be a contract of hire, there needs to be
mutual consent Respondent needed the paperwork and drug test before they could
accept the Petitioner as an employee No contract for hire in Illinois Injury not in Illinois Employment not localized in Illinois (even though he frequently
traveled in Illinois) Illinois does not have jurisdiction
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The Chicago Bears Football Club, Inc. v. Michael Haynes et al (Northern District of Illinois) Players filed for WC benefits in California Players were part of the Collective Bargaining Agreement An Arbitrator held that CBA clearly stated that all WC claims
should be brought before the Illinois Workers’ Compensation Commission
Players appealed stating that the agreement violates California public policy
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The Chicago Bears Football Club, Inc. v. Michael Haynes et al (Northern District of Illinois) Court held that there is no reason that the agreement needs to
conform to California law The agreement doesn’t discuss using California law only Illinois
law Court did not look at where injury took place, state of hire, or
where most of the work was performed Unclear whether employers can force employees to accept WC
benefits from a different state if injured in that state Seems unlikely an employee can sign away those rights
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Mahoney v. Industrial Commission (2006 Illinois Supreme Court)- each state is very different 1969: Petitioner hired to work at O’Hare Airport 1993: Transferred to Orlando 1999: Injured Petitioner lived in Ohio Petitioner paid Florida taxes Petitioner had Florida drivers license
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Mahoney v. Industrial Commission (2006 Illinois Supreme Court) Court held that the situs of the contract of employment
is the sole and “exclusive” determinate of jurisdiction when injury is outside Illinois but contract for hire inside Illinois
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Step 1: get ALL necessary information (location of injury, contract for hire, location of employment etc…)
Step 2: Review state law where injury occurred and potential other states Numerous reasons, not just jurisdiction. Will be
discussed soon Step 3: Check for employment contracts Step 4: Get a lawyer!
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Michael C. Milstein [email protected] – 312-327-0042 200 North LaSalle Street Suite 2700 Chicago, IL 60601 www.brycedowney.com
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MULTI-JURISDICTIONAL WORKERS COMPENSATION CLAIMS
Michael C. Milstein BRYCE DOWNEY & LENKOV LLC, Chicago IL
Sean W. Martin LEITNER, WILLIAMS, DOOLEY & NAPOLITAN PLLC, Chattanooga, TN
Thomas O. Sippel LEITNER, WILLIAMS, DOOLEY & NAPOLITAN PLLC, Atlanta, GA
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Subject Matter Jurisdiction The authority of a court to hear cases of a
particular type or cases relating to a specific subject matter
Rare issue in practice Illinois: liberal state= Petitioners want to file
here
19
Each state has its own statute which codifies jurisdiction under its own system of Workers’ Compensation laws
What are the factors for determining if a State has jurisdiction?
20
Place where injury occurs Place of employment contract Place where the employment relationship is
carried out Place where the employment is localized Place where the employee resides Place whose statutes the parties have adopted
by contract
21
All states apply jurisdiction if the injury occurs within that state
43 states apply jurisdiction if the contract for employment was made within that state
40 states apply jurisdiction if the employment is principally located in that state
However, 15 states will not apply their law to out-of-state employers with insurance in another state
22
Cowger v. Industrial Commission (2000 Illinois Appellate Court) Petitioner was a truck driver injured in Texas Petitioner resided in Illinois Respondent was domiciled in Indiana When Petitioner called to inquire about the job, he was told his “job
hunting days were over” Petitioner thought this meant he was hired, but he had to complete
a drug test and fill out paperwork Petitioner also had to pick up his tractor in Indiana Petitioner received instructions from Indiana
23
Cowger v. Industrial Commission (Illinois Appellate Court) Court held that for there to be a contract of hire, there needs to be
mutual consent Respondent needed the paperwork and drug test before they could
accept the Petitioner as an employee No contract for hire in Illinois Injury not in Illinois Employment not localized in Illinois (even though he frequently
traveled in Illinois) Illinois does not have jurisdiction
24
The Chicago Bears Football Club, Inc. v. Michael Haynes et al (Northern District of Illinois) Players filed for WC benefits in California Players were part of the Collective Bargaining Agreement An Arbitrator held that CBA clearly stated that all WC claims
should be brought before the Illinois Workers’ Compensation Commission
Players appealed stating that the agreement violates California public policy
25
The Chicago Bears Football Club, Inc. v. Michael Haynes et al (Northern District of Illinois) Court held that there is no reason that the agreement needs to
conform to California law The agreement doesn’t discuss using California law only Illinois
law Court did not look at where injury took place, state of hire, or
where most of the work was performed Unclear whether employers can force employees to accept WC
benefits from a different state if injured in that state Seems unlikely an employee can sign away those rights
26
Mahoney v. Industrial Commission (2006 Illinois Supreme Court)- each state is very different 1969: Petitioner hired to work at O’Hare Airport 1993: Transferred to Orlando 1999: Injured Petitioner lived in Ohio Petitioner paid Florida taxes Petitioner had Florida drivers license
27
Mahoney v. Industrial Commission (2006 Illinois Supreme Court) Court held that the situs of the contract of employment
is the sole and “exclusive” determinate of jurisdiction when injury is outside Illinois but contract for hire inside Illinois
28
Step 1: get ALL necessary information (location of injury, contract for hire, location of employment etc…)
Step 2: Review state law where injury occurred and potential other states Numerous reasons, not just jurisdiction. Will be
discussed soon Step 3: Check for employment contracts Step 4: Get a lawyer!
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Georgia: O.C.G.A. §34-9-2 (exceptions) O.C.G.A. §34-9-242 (injuries outside of state)
Effect of receiving benefits under another
state’s system
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MULTI JURISDICTIONAL CLAIMS
Jumping States Knowing election of remedies:
Requirement: “A knowledgeable and informed choice”
Receiving medical treatment? Receiving income benefits?
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MULTI JURISDICTIONAL CLAIMS
Jumping States (cont’d): Has employee retained counsel? Has a claim been filed? Has employee signed jurisdiction agreement?
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MULTI JURISDICTIONAL CLAIMS
Other Factors to Weigh in Considering Jurisdiction:
Income benefits comp rates Medical fee schedules treatment limitations Medical guidelines
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MULTI JURISDICTIONAL CLAIMS
Other Factors to Weigh in Considering Jurisdiction
Impairment rating guides (4th, 5th, and 6th
Edition all used) Vocational disability
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MULTI JURISDICTIONAL CLAIMS
Other Factors to Weigh in Considering Jurisdiction
Panels Suspension of benefits Controverting Claim- which state is better
for litigating claim/issues
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MULTI JURISDICTIONAL CLAIMS
Subrogation Conflicts of Laws O.C.G.A. §34-9-11.1 T.C.A. §50-6-112
Employer’s right to initiate action (50-6-112(d)(2), (3)[longer statute of limitations])
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MULTI JURISDICTIONAL CLAIMS
Subrogation (Cont’d): Lex Loci Delecti (Georgia) Most Substantial Contacts Test (Tenn.) Modern Trend
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Sean W. Martin [email protected]
Thomas O. Sippel [email protected]
Leitner, Williams, Dooley & Napolitan, PLLC 800-421-0979 Offices across the Southeastern United States
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