Managers and the Legal Environment 7th Edition by David Madsen, Constance Bagley

Exercise 7

Le Ann McAteer, a landscaper, suffered a job-related injury on July 11, 2005, when she tripped over a cement parking stop while using a weedeater in a parking lot. She did not report this injury to her employer, SilverleafResorts, until September 2005, which was after her employment with Silverleaf had ended.
Silverleaf does not subscribe to Texas workers' compensation insurance. Instead, it provides benefits to its employees through the Silverleaf Club Employee Injury Benefit Plan (the Plan), which is governed by ERISA. The Plan gives no-fault benefits to employees in the event of a job-related injury and requires arbitration of any disputes regarding benefits. McAteer enrolled in the Plan and signed an agreement that the Plan would provide the exclusive avenue of relief for on-the-job injuries.
After leaving Silverleaf, McAteer submitted an injury claim form to the Plan, where it was reviewed by the Plan's administrator, Providence Risk Services, Inc. Providence issued an initial determination denying McAteer's claim because she had not timely reported her injury, had not sought advance approval for her medical treatment, and had not used a Plan-approved physician. McAteer did not pursue an administrative appeal. McAteer then brought a state-law negligence action under Texas law against her former employer for allegedly failing to maintain a safe workplace environment. Silverleaf argued that her state-law claims were preempted by ERISA. Who should prevail? [McAteer v. Silverleaf Resorts, Inc., 514 F.3d 411 (5th Cir. 2008).]