![]() ![]() Summary judgment is appropriate if "there is no genuine issue as to any material fact and. The parties agree that we should review the record under the standard for summary judgment. We review a district court's grant of a motion to compel arbitration de novo. In consideration for this release and waiver, Wal-Mart maintained a private workers' compensation plan and agreed to pay benefits to Gibson under the terms of that plan. to consult with counsel of his/her choosing prior to signing this document." Id. In addition, she acknowledged that she "underst d the nature of this waiver and release" and that she "ha been given the opportunity to review completely the Workers' Compensation Plan of Wal-Mart. #Truecrypt alternative gibson full#She also "agree to arbitrate any disputes as to entitlement to benefits under Wal-Mart's workers' compensation plan, which shall be a full and final resolution, binding on both parties." Id. She "acknowledge that if he/she does file any action against Wal-Mart as the result of any occupational injury., he/she forfeits all benefits under Wal-Mart's workers' compensation plan." Id. which arises in any manner out of employment with Wal-Mart." Agreement at 1. any and all rights which he/she may have to file any independent action in any court against Wal-Mart, its officers, directors, employees, agents or attorneys as the result of any accident. In the Agreement, Gibson "expressly and voluntarily waive and release. Powers presented her with a "WAIVER AND RELEASE OF RIGHT TO SUE" agreement (the Agreement), which Gibson signed without reading. ![]() Later that day, Gibson went to the store manager, Gary Powers, and asked to sign the release papers. Miller also told her that her health insurance (secured through Wal-Mart) would not cover her medical expenses because her injury was work-related. Miller told her that Wal-Mart would pay for her medical expenses only if she signed some release papers and sought benefits through Wal-Mart's private workers' compensation plan. She asked the store's assistant manager, Jim Miller, whether Wal-Mart would pay for her to see a doctor. While at work nearly a week later, on December 22, 1993, Gibson determined that she needed to see a doctor because of her injuries. Gibson was injured when a box being placed on top of a shelf by Brooks fell on her. On December 17, 1993, Gale Gibson and Becky Brooks were moving stock in the back room of a Wal-Mart store located in Wyoming.
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