dissenting.
I respectfully dissent. Under the plain language of its Plan, Prudential must provide Wilson with relief for her injuries. The injuries do not fall under the Plan’s exclusion because they were not “eligible for coverage” under any other compensation law and Wilson could not be covered under those laws.
Missouri law specifically excludes agricultural employers from mandatory participation in its workers’ compensation program. Accordingly, because Midway did not voluntarily accept workers’ compensation liability, its employees’ injuries were not eligible for coverage. Moreover, Midway’s decision prevented Wilson from being able to obtain workers’ compensation coverage: there was nothing in her power that she could do to ensure coverage. The Plan’s exclusion should apply only to those workers who, through their own inaction, failed to take the necessary steps to procure compensation for their injuries. Thus, I would reverse the district court’s order and grant Wilson the compensation to which she is entitled.