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U.S. Supreme Court

Industrial Comm'n of Wisconsin v. McCartin, 330 U.S. 622 (1947)

Industrial Commission of Wisconsin v. McCartin

No. 270

Argued January 17, 1947

Decided March 31, 1947

330 U.S. 622


An employee was injured in Wisconsin while working under an Illinois contract of employment and while both he and his employer were residents of Illinois. He applied to the Wisconsin Industrial Commission for adjustment of claim, and, shortly thereafter, applied to the Illinois Industrial Commission, stating that the general nature of the dispute was "[w]hether Illinois or Wisconsin has jurisdiction in my case." A settlement contract expressly reserving any right the employee "may have" under the Wisconsin Act was filed with the Illinois Commission, which approved it and issued a formal settlement order. After full payment of the amount awarded in Illinois had been made, the Wisconsin Commission awarded the employee certain benefits, less the amount received under the Illinois award.

Held: the Illinois award is final and conclusive only as to rights arising in Illinois, and Wisconsin is free, under the Full Faith and Credit Clause, to award additional compensation in accord with its own laws. Magnolia Petroleum Co. v. Hunt, 320 U. S. 430, distinguished. Pp. 330 U. S. 626-630.

(a) The fact that the Illinois statute expressly applies to persons whose employment is outside the State (where the contract of employment is made in Illinois) and precludes recovery under any "common law or statutory right" did not preclude recovery under the Wisconsin statute, because the Illinois statute had been interpreted by the Supreme Court of Illinois as abolishing rights of action against the employer under the Illinois common law or under the Illinois Personal Injuries Act and contained nothing to indicate that it was completely exclusive, or was designed to preclude any recovery under proceedings in another state for injuries received there in the course of an Illinois employment. Pp. 330 U. S. 627-628.

(b) The provision in the settlement contract saving the rights of the employee in Wisconsin became a part of the Illinois award, which had become final. Therefore, the Illinois award did not foreclose an additional award under the laws of Wisconsin. Pp. 330 U. S. 628-630.

248 Wis. 570, 22 N.W.2d 522, reversed. chanroblesvirtualawlibrary

Page 330 U. S. 623

An employee injured in Wisconsin while working under an Illinois contract of employment and while both he and his employer were residents of Illinois accepted settlement under the Illinois Workmen's Compensation Act, reserving any rights he might have under the Wisconsin Compensation Act, and later obtained an award for additional benefits under the Wisconsin Act. A Wisconsin court set aside the Wisconsin award, and this action was affirmed by the Supreme Court of Wisconsin. 248 Wis. 570, 22 N.W.2d 522. This Court granted certiorari. 329 U.S. 696. Reversed, p. 330 U. S. 630.

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