AR court: Comp claims can be filed in separate states

Nov 24, 2008

An injured employee can file workers' compensation claims in two different states for injuries incurred in the same incident, the Supreme Court of Arkansas ruled in November.

Edward Williams was injured in 2004 when he fell from scaffolding while working for Mountain Home, AR-based Johnson Custom Homes. Although the injury occurred in Arkansas, Williams filed a workers' comp claim in Ohio where Paysource, the human resources management company that issued Williams' paycheck, was located. He received temporary total disability for wrist and ankle injuries from the Ohio Bureau of Workers' Compensation, but later was told by his doctor to amend his claim to include injuries to his back and knee. OBWC denied the latter claim.

Afterward, Williams filed a claim in Arkansas, but was denied benefits on the basis that he had already sought compensation in Ohio. The Arkansas Supreme Court reversed (.pdf file) the decision, stating that Williams could file benefits in both states as long as he was not seeking double benefits for the same injury.