Usher
Usher v. American Airlines, Inc.
Opinion
Opinion
Dossee, J.
Beverly Usher appeals from a judgment entered on a motion for summary adjudication in favor of American Airlines, Inc. (American). We conclude that appellant’s causes of action for breach of contract and handicap discrimination were subject to the exclusive remedy provisions of the California workers’ compensation law and were properly dismissed.
Factual and Procedural Background
On July 27, 1984, appellant became temporarily disabled as a result of an industrial injury to her back and knee. At that time, she was working for American as an airport operations agent. She was able to continue working in that position until September 4, 1984, when the job was eliminated. Appellant was transferred to the job of ticket agent, but her July injury prevented her from performing the lifting activities required by the job. Appellant attempted to find another job with American, but was unsuccessful.
On November 24, 1986, appellant filed a petition pursuant to Labor Code section 132a with the Workers’ Compensation Appeals Board. In that petition, she alleged that she was unable to do her old job because of the work injury to her back and knee, and that she attempted to obtain an…