The Northern District of Texas has compelled a lawsuit that was filed following a workplace-related death to arbitration.  In Estate of Juan Benitez v. Sears, Roebuck and Co., et al., No. 3:13-CV-0468-D (N.D. Tex. August 14, 2013), the family of a deceased general maintenance worker, Benitez, filed a wrongful death lawsuit against Sears, Roebuck and Co. (“Sears”).  As a condition of the Spanish-speaking man’s employment, Benitez was required to view a presentation and watch a DVD related to the company’s Texas Injury Benefit Plan (the “Plan”).  The Plan contained a mandatory arbitration clause.  The DVD, which also discussed the mandatory arbitration provision, was available for viewing in Spanish and an interpreter was on hand to answer any questions.  Benitez submitted an electronic signature stating he completed the training and he was provided with a written copy of the training materials.

Following Benitez’s tragic workplace death, his family filed a lawsuit against Sears in a Texas district court.  Sears removed the case to the Northern District of Texas and filed a motion to compel arbitration.

First, the federal court rejected the estate’s argument that the Federal Arbitration Act was inapplicable because Benitez often assisted with unloading trucks in a company warehouse and was therefore a transportation worker.  According to the court, the man’s estate offered no verifiable evidence to support the assertion that Benitez unloaded or transported goods for the company.  The federal court held,

Considering only the job description and affidavit from Sears’s Human Resources Manager, each of which shows that Juan’s job did not involve loading and unloading goods that were shipped in interstate commerce, the court finds that he was not a transportation worker and, accordingly, that the FAA applies.

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