CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) reconsidered a case where an applicant sought compensation for an injury sustained while working for a tribal casino. The WCAB found it lacked subject matter jurisdiction to adjudicate the claim, as the tribe had not waived its sovereign immunity beyond the limited issue of notice regarding appeal rights under its workers' compensation ordinance. The WCAB determined it was not a "court of competent jurisdiction" as defined in the tribe's ordinance for enforcing arbitration obligations. Consequently, the WCAB granted reconsideration, amended the prior order to remove the requirement for evidence on appeal rights notice, and dismissed the applicant's claim.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) reconsidered a case where an applicant sought compensation for an injury sustained while working for a tribal casino. The WCAB found it lacked subject matter jurisdiction to adjudicate the claim, as the tribe had not waived its sovereign immunity beyond the limited issue of notice regarding appeal rights under its workers' compensation ordinance. The WCAB determined it was not a "court of competent jurisdiction" as defined in the tribe's ordinance for enforcing arbitration obligations. Consequently, the WCAB granted reconsideration, amended the prior order to remove the requirement for evidence on appeal rights notice, and dismissed the applicant's claim.
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