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Employee Is 'Participant' in ERISA Plan Even Though Never Enrolled
Health Plan Law 
June 14, 2007
Excerpt: This decision illustrates once again the importance of 'participant' status when ERISA preemption defenses are at issue. The employee was never enrolled in her employer's group health plan. In fact, that was the gravamen of her claim. Her claims were nonetheless sufficiently related to the plan that they were preempted by ERISA.
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