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Conflict of Laws Keyed to Brilmayer
Pacific Employers Insurance Co. v. Industrial Accident Commission
Citation:
306 U.S. 493 (1939)Facts
Dewey & Almy Chemical Company (Dewey), a Massachusetts corporation, employed a Massachusetts resident as a chemical engineer and research chemist. In September 1935, Dewey sent the employee to its branch factory in California to act as a temporary technical adviser to improve the quality of one of Dewey’s products manufactured there. The employee was injured in California, and sought compensation from Plaintiff, California’s Industrial Accident Commission (the Commission).
The Commission directed Dewey’s insurance carrier, Defendant, Pacific Employers Insurance Company (Pacific), to pay the amounts set forth in the California Workmen’s Compensation statute. The California statute provides that the Commission has jurisdiction over claims for compensation for injuries suffered inside California and precludes employers from exemption due to any contract, rule, or regulation. Pacific argued that since the contract of employment was entered into in Massachusetts and the employee consented to being bound by the Massachusetts Act, that the Massachusetts statute, not the California statute, fixes the employees right to compensation. The California Supreme Court found in favor of the California Commission. The U.S. Supreme Court granted Pacific’s petition for certiorari.
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