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.
- Decided 02/26/2002
- Published 02/26/2002
- EMILIO M. GARZA, Circuit Judge:, Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges.
- United States Fifth Circuit
- 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.