Case Law Database

LYDIA VIERRA vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES

This case concerns a flight attendant injured in 2001 while flying from Los Angeles. Despite the injury occurring in California and the employee residing there, the employer initially provided benefits under Illinois law, citing a union contract. The California Workers' Compensation Appeals Board (WCAB) found that California has jurisdiction, as Labor Code § 3600.5 grants benefits to employees regularly employed in California regardless of where the injury occurred. The WCAB also determined the claim was not time-barred due to the employer's failure to provide proper California workers' compensation notices, tolling the statute of limitations. The employer is entitled to a credit for benefits already paid under Illinois law.