United Airlines v. Industrial Commission

627 N.E.2d 1104, 252 Ill. App. 3d 972, 194 Ill. Dec. 462, 1993 Ill. App. LEXIS 1286
CourtAppellate Court of Illinois
DecidedAugust 20, 1993
Docket1-92-2248WC
StatusPublished
Cited by4 cases

This text of 627 N.E.2d 1104 (United Airlines v. Industrial Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Airlines v. Industrial Commission, 627 N.E.2d 1104, 252 Ill. App. 3d 972, 194 Ill. Dec. 462, 1993 Ill. App. LEXIS 1286 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

Claimant Virginia Rankins appeals from an order of the circuit court of Cook County reversing an award of the Hlinois Industrial Commission (Commission) on the ground that the Commission lacked jurisdiction. Respondent employer is United Airlines. The Commission had affirmed the arbitrator’s finding of 20% partial disability pursuant to section 8(dX2) of the Workers’ Compensation Act (Act) (111. Rev. Stat. 1985, ch. 48, par. 138.8(dX2)).

On appeal, the only issue is whether the claimant had sufficient contacts with the State of Illinois to invoke jurisdiction under section l(bX2) of the Act. (111. Rev. Stat. 1985, ch. 48, par. 138.1(b)(2).) We affirm the decision of the circuit court.

On April 23, 1985, claimant filed an application for adjustment of claim with the Commission, listing an address in California for herself and alleging that the date of accident was June 26, 1983. The location of accident or last exposure was listed as Chicago, Hlinois. The issues in dispute between the parties included whether the Commission had jurisdiction over the claim and the nature and extent of the injury. Only facts pertaining to the jurisdiction issue raised on appeal will be presented here.

On June 26, 1983, while working in the galley of an aircraft, claimant slipped and fell. She broke a bone in her left foot, hit her head, and injured her lower back. The flight on which she was injured originated in San Francisco, California, and was destined for Eugene, Oregon. She reported the injury to the station manager in Oregon and her supervisor in San Francisco. All medical and hospital services for claimant’s injuries were provided outside of Illinois, and claimant’s medical bills were paid through respondent’s San Francisco office. Following surgery, she worked intermittently until September 1987. On each occasion she took off work she reported to the San Francisco office. She was paid workers’ compensation benefits by respondent from the San Francisco office for this accidental injury, and she had filed a claim in California.

Claimant testified as to how she became an employee of respondent. While residing in Fresno, California, claimant submitted an application for an interview to become a flight attendant with respondent. Two weeks later, she received a letter from the employment office in San Francisco granting the interview and explaining how she would get a ticket to enable her to appear for the interview. She went for the interview on February 25, 1969. In this interview, she completed a “Stewardess Employment Application.” Two hours into the interview, the interviewer told her she would make “a fine flight attendant” and that she would be sent to Chicago for training. If she completed the 51/2-week training course, which included the required Federal Aviation Administration (FAA) emergency training and written examination, she would be hired. Following the interview, she was sent to respondent’s medical facility in San Francisco for a physical examination. Claimant was not told that she was hired, but the interviewer emphasized her employment was contingent upon her completing the training course.

On April 8, 1969, claimant was sent to respondent’s training facility in Illinois. The training schedule included route systems, service procedures, panic control, safety procedures for all of the aircraft, and “behavior” training. It also included one week of training specifically in FAA requirements, which concluded with a written examination. Claimant testified that her employment was contingent upon successfully completing the written FAA examination.

During attendance at the training school, the flight attendant candidates were held to a daily schedule. All the candidates lived in a training center dormitory on respondent’s property. Attendees were required to attend training sessions eight hours per day, five days per week. Meals were provided in a dormitory cafeteria, and a curfew was imposed. Claimant was provided with $1 for each day in training. She was not handed any money while she was in training, but was paid $150 in her first regiilar paycheck after she got out of training.

Toward the end of the period of training, the candidates were allowed to bid for a “domicile” or location from which they desired to work. Chicago was one of the available domiciles. Bidding was done according to seniority within the class, based on age. Domiciles were tentatively awarded, contingent upon passing the written FAA examination. Claimant chose to be domiciled in New York City, and she was awarded this domicile just two days prior to graduation.

Claimant graduated from the flight attendant training school on May 13, 1969. On that date, she received a diploma, her ceremonial wings, and she was flown to her new domicile. Her uniform was purchased by her several days prior to graduation. On the day of graduation, she filled out a form for the credit union, and a form was completed to join the union. Rankins’ diploma stated:

“This is to certify that VIRGINIA JOYCE RANKINS HAS SATISFACTORILY COMPLETED THE PRESCRIBED TRAINING FOR MAINLINER STEWARDESS AND IS HEREBY COMMISSIONED TO PERFORM THE DUTIES PERTAINING THERETO FOR UNITED AIRLINES.”

According to the claimant, a stewardess system seniority list was maintained in order to govern bidding on schedules, flight passes, vacation time, retirement, and insurance benefits. Seniority for purposes of this list was based upon the date of hire. Within a particular class, seniority was based on age. When claimant’s name first appeared on a seniority list, her seniority date was listed as May 13, 1969. However, this seniority date was later changed to April 8, 1969, consistent with her first date of attendance at the training school. This change was reflected on her employment service record (UG-100). According to the testimony of another witness, Patricia Friend, another flight attendant employed by respondent and the president of the United Master Executive Council for the Association of Flight Attendants, the change resulted from an agreement between respondent and the flight attendant union in 1976, which agreement provided for a retroactive change in the governing seniority date.

Upon graduation, claimant reported to her assigned domicile in New York City and she completed a local address form which was maintained by respondent. She was not required to complete any additional paperwork for the union. The change of address form was the only document she had to complete when she arrived in New York City after training. The first day she flew as a flight attendant was May 17, 1969. The first day she received a paycheck was on June 1, 1969, covering a period from May 13 to May 31, 1969, plus the 5x/2 weeks in training. She established a residence in New York City, maintaining bank accounts in New York, and was paid through respondent’s payroll office in New York, although the checks were drawn on an account in the Continental Bank in Illinois. She was also a member of the local flight attendants union out of New York. She continued her California driver’s license. Claimant was considered to be a “probationary” employee for six months. Her probationary status was terminated on November 13, 1969.

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843 N.E.2d 317 (Illinois Supreme Court, 2006)
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656 N.E.2d 450 (Appellate Court of Illinois, 1995)

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Bluebook (online)
627 N.E.2d 1104, 252 Ill. App. 3d 972, 194 Ill. Dec. 462, 1993 Ill. App. LEXIS 1286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-airlines-v-industrial-commission-illappct-1993.