Joint Apprenticeship Fund being named in Workers Compaction filed in another state.

[mal]

We have an Ohio based JATC Fund that has been named

as an "employer" in an Illinois Workers Comp claim. This

Fund is somewhat unique in that Union members across

several states can attend a three week training course and

live on-site in Ohio.

Under Ohio law, it is clear that our JATC is not a statutory

"employer." Ohio gives the Fund the right (but does

not require) to become part of the Ohio WC program. The

Fund has always done so.

Several months ago, a union member from an Illinois came

to the training center. He didn't return from a weekend at home

and later claimed he had hurt his knee.

A few days ago, the Fund received word that a claim

was being pursued under the Ilinois comp system. My

questions to the attorney were as follows:

1. The trainee was not our "employee"...he was

a union member who chose to sign an indenture

agreement and receive training.

2. The Fund is not a statutory employer. While it

participates in the Ohio system, it does not meet the

definition of employer under Ohio law.

3. Jurisdiction. The indenture and injury occurred in

Ohio. How does Illinois have any jurisdiction in the

case.

Any thoughts, suggestions, arguments???

[mal]

Sorry, that was obviously supposed to be Workers

Compensation, not compaction. I think that has been

banned unless you are in a right to work state.