Originally published by David Coale.
Alcala sought to avoid arbitration of a premises-liability claim against her employer, arguing, inter alia, that she did not understand English. Her argument did not prevail because of direct-benefits estoppel:
‘The record reflects Alcala received $5,116.46 under the Plan in the form of benefits paid to cover medical expenses related to the subject of her suit against appellants: her February 2016 on-the-job injury. The Plan itself provided, “there is an Arbitration Policy attached to the back of this booklet.” The Agreement provided, “Payments made under [the] Plan . . . constitute consideration for this Agreement.” Having obtained the benefits under the Plan, which incorporates the Agreement by reference, Alcala cannot legally or equitably object to the arbitration provision in the Agreement.’
Multipacking Solutions v. Alcala, No. 05-19-00303-CV (April 14, 2020).
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