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GREEN v. INDUSTRIAL COM'N

No. 3-98-0009 WC.

717 N.E.2d 457 (1999)

307 Ill. App.3d 271

240 Ill.Dec. 364

Haskell GREEN, Appellant, v. The INDUSTRIAL COMMISSION et al. (Schadler Enterprises, Joe Schadler, Indiv. and d/b/a Schadler Enterprises, Appellee).

Appellate Court of Illinois, Third District, Industrial Commission Division.

Rehearing Denied October 13, 1999.

Attorney(s) appearing for the Case

William G. Gillies, Jr., McCarthy, Callas, Fuhr & Ellison, P.C., Rock Island, for Haskell Green.

Jill Baker, Martin T. Spiegel, Debboli, Millman & Spiegel, Chicago, for Schadler Enterprises.

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...

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