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UPHOLD v. ILLINOIS WORKERS' COMPENSATION

No. 5-07-0669 WC.

896 N.E.2d 828 (2008)

Cecil UPHOLD, Appellant, v. THE ILLINOIS WORKERS' COMPENSATION COMMISSION et al. (National Maintenance & Repair, Appellee).

Appellate Court of Illinois, Fifth District.

September 24, 2008.

Attorney(s) appearing for the Case

Thomas C. Rich, Thomas C. Rich, P.C., Fairview Heights, IL, for Appellant.

Eugene F. Keefe, Keefe, Campbell & Associates, Chicago, IL, for Appellee.

Justice GROMETER delivered the opinion of the court:

At issue in this case is whether claimant, Cecil Uphold, may pursue workers' compensation benefits under the Illinois Workers' Compensation Act (ILWCA) (820 ILCS 305/1 et seq. (West 2004)) or whether his claim for relief is preempted by federal law, specifically, the Longshore and Harbor Workers' Compensation Act (LHWCA) (33 U.S.C. § 901 et seq. (2000)). The arbitrator, relying on Davis v....

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