William O. Douglas

“ It should not be cast aside on the presupposition that full faith and credit need not be given to a sister-state workmen's compensation statute if the law of the forum happens to be more favorable to the claimant. ”

“ When the commercial context is not that of shareholder-corporation but simple contract, the Court has found less need for uniformity and accordingly has given greater leeway to the forum on a showing of substantial interest in the contract, e.g., that one of the parties is a resident of the forum or that the contract is to be performed within its borders. ”

“ Unlike the other workmen's compensation cases-or, for that matter, any of the cases in which the forum has prevailed in a conflict between the forum and the outside law-the interest of the forum here is solely dependent on the occurrence of the injury within its borders. No rights of Arkansas residents are involved, since none of the parties is an Arkansan; the workman was removed immediately to a Missouri hospital and has, so far as appears, remained in Missouri. ”

“ And this because prime contractors are subject to liability under the workmen's compensation statute, which states: 'Any person who has work done under contract on or about his premises which is an operation of the usual business which he there carries on shall be deemed an employer and shall be liable under this chapter to such contractor, his subcontractors, and their employees, when injured or killed on or about the premises of the employer * * *. ”

“ Missouri's workmen's compensation statute is in terms applicable and exclusive as to workmen injured outside the State under Missouri employment contracts. [7] Hogan (the subcontractor here) was a Missouri employer and had a Missouri employment contract with Carroll (the injured workman) . Thus when Carroll sought workmen's compensation in Arkansas (where he was hurt) , Hogan and his insurer could have relied on the Missouri statute and the Clapper case as a defense. ”

“ Moreover, the Missouri Act provides that the rights and remedies granted by it 'shall exclude all other rights and remedies * * * at common law or otherwise,' on account of the injury or death. [1] Id., § 287.120.
Arkansas also has provisions for workmen's compensation. Ark.Stat.1947, § 81-1301 et seq. It provides the exclusive remedy of the employee against the employer (id., § 81-1304) but not against a third party. ”

“ Hogan promised to furnish workmen and 'It is further understood that * * * Hogan * * * will carry the necessary insurance on his men in according (sic) with the rules of the state of Arkansas.' The supplemental contract for the particular work on which Carroll was injured consisted of a letter bid by Hogan to Lanza and a letter reply authorizing Hogan to proceed. From the point of view of choice of law, the various aspects of the contract combine to make it governed either by Arkansas or Louisiana-but not Missouri-law. ”

“ The insurer initially paid Carroll $30 a week, the maximum under the Missouri workmen's compensation law. When Carroll sought to transfer to Arkansas compensation, the insurer began to pay him $25 a week, the maximum under the Arkansas statute. Arkansas law allows an injured workman to sue a prime contractor for negligence, see Baldwin Co. ”

“ Her interests are large and considerable and are to be weighed not only in the light of the facts of this case but by the kind of situation presented. For we write not only for this case and this day alone, but for this type of case. ”