12/31/2001: Shareholder-Physician is Employee Under ERISA; State Claims Under Disability Plan Are Preempted (FindLaw.com)Santino v. Provident Life and Accident Insurance Company (6th Cir. 2001). Excerpt: "[W]e hold that a joint shareholder is not precluded from being a 'participant' of an 'employee welfare benefit plan' under ERISA. Because Santino has standing to sue under ERISA as a 'participant' in an 'employee benefit plan,' his state claims are preempted."
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