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MEDRANO v. EXCEL CORP.

No. 91-7385.

985 F.2d 230 (1993)

Miguel MEDRANO, Plaintiff-Appellee, v. EXCEL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 9, 1993.

Attorney(s) appearing for the Case

Robert M. Cohan, Linda S. Althoff, Suzanne R. Westerheim, Cohan, Simpson, Cowlishaw, Aranza & Wulff, Dallas, TX, for defendant-appellant.

Kevin Glasheen, Sam L. Fadduol, Lubbock, TX, for plaintiff-appellee.

Before JOLLY and WIENER, Circuit Judges, and FITZWATER, District Judge:

E. GRADY JOLLY, Circuit Judge:

This appeal presents a little twist in the basic question of whether a state claim for retaliatory discharge under workers' compensation law is pre-empted pursuant to a collective bargaining agreement. Our plaintiff and appellee, Miguel Medrano, sustained work-related injuries and filed two workers' compensation claims, both of which he settled. On the date of the settlement, he was still under medical restrictions relating to work duties...

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