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Green v. Industrial Comm'n

Case Date: 08/17/1999
Court: 3rd District Appellate
Docket No: 3-98-0009WC

Green v. Industrial Comm'n, No. 3-98-0009WC

3rd District, August 17, 1999

Industrial Commission Division

HASKELL GREEN,

Appellant,

v.

THE INDUSTRIAL COMMISSION et al. (Schadler Enterprises, Joe Schadler, Indiv. and d/b/a Schadler Enterprises,

Appellee).

 Appeal from the Circuit Court of Rock Island County.

Honorable Ronald C. Taber, Judge Presiding.

JUSTICE RAKOWSKI delivered the opinion of the court:

This case raises a question of jurisdiction involving the tension between competing policies of federal and state law. The question is whether claimant Haskel Green, an injured seaman, may pursue workers' compensation benefits under the Workers' Compensation Act (820 ILCS 305/1 et seq. (West 1998)) or whether he is limited to benefits under federal law, specifically, the Merchant Marine Act (Jones Act)(1) (46 U.S.C. app.