United States Fifth Circuit

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HERNANDEZ v. JOBE CONCRETE PRODUCTS, INC., 01-50292

Where an employer adopted its own occupational injury plan to cover its employees' on-site injuries, a decision not required under Texas law, ERISA's preemption exemption, 29 U.S.C. section 1003(b), did not apply, and employee-s state law claims for benefits were preempted.

Appellate Information

  • Decided 02/26/2002
  • Published 02/26/2002

Judges

  • EMILIO M. GARZA, Circuit Judge:, Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Justo Fernandez-Gonzalez, Law Offices of Justo Fernandez-Gonzalez, El Paso, TX, for Plaintiff-Appellant.

  • For Appellees:
  • Steven Lee Hughes, Kurt Geyer Paxson, Mounce, Green, Myers, Safi & Galatzan, El Paso, TX, for Defendant-Appellee.