employer and employee were immaterial to recover, (2) common law suits against the employer were barred, (3) medical expenses were capped at a percentage of the employee’s wage, (4) an administrative agency ran the system with relaxed rules of procedure to facilitate prompt compensation, and (5) state court review of agency decisions occurred on a deferential basis.” Arthur v. E.I. DuPont de Nemours & Co., 58 F.3d 121, 125 (4th Cir.1995.) Similar to the Seventh Circuit's definition, the Fourth Circuit held that “the ordinary (shorthand) meaning of 'workmen's compensation laws' in 1958 was this: a statutorily created insurance system that allows employees to receive fixed benefits, without regard to fault, for work-related injuries.” Id. 5 . Cf. Horton, 367 U.S. at 352, 81 S.Ct. 1570
holding that in order for a defendant to remove a case to federal court based upon diversity jurisdiction there must be complete diversity of citizenship both at the time that the case is commenced and at the time that the notice of removal is filed holding that federal courts must apply state substantive law in diversity cases holding that in diversity cases federal courts are to apply state substantive law and federal procedural law holding that the plain language of the diversity jurisdiction statute permitted a workmens compensation claim to be filed as an original action in federal court even though congress clearly intended to prohibit the removal of such claims congress used language specifically barring removal of such cases from state to federal courts and at the same time left unchanged the old language which just as specifically permits civil suits to be filed in federal courts in cases where there are both diversity of citizenship and the prescribed jurisdictional amount in this situation we must take the intent of congress with regard to the filing of diversity cases in federal district courts to be that which its language clearly sets forth congress could very easily have used language to bar filing of workmens compensation suits by the insurer as well as removal of such suits and it could easily do so still holding that in a diversity action a federal court must apply the law of the forum state