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Case No. ADJ2778456 (RIV 0077428)

Regular

Nov 23, 2010

ANGELLA KEITT vs. AGUA CALIENTE CASINO, TRIBAL FIRST AFFINITY SAN DIEGO

The Appeals Board granted reconsideration and rescinded the prior award because the trial judge prematurely determined the casino, owned by a federally recognized Indian tribe, waived sovereign immunity. The Board needs to first determine if it has subject matter jurisdiction, and the casino must present evidence on this issue at the trial level. The casino improperly attached new evidence to its reconsideration petition. The case is returned to the trial level for further proceedings to properly address the jurisdictional question.

sovereign immunityTribal Gaming Compactsubject matter jurisdictionwaiverdiscovery orderfederally recognized Indian tribereconsiderationrescindedtrial levelAngella Keitt

References

Case No. ADJ7263446

Regular

Mar 24, 2014

ANGELLA AREBAMEN vs. KELLY SERVICES, INC.

The Workers' Compensation Appeals Board denied Kelly Services' petition for reconsideration, upholding the administrative law judge's finding of discrimination under Labor Code section 132a. The applicant was terminated by Kelly Services, via its client Neutrogena's policy, for late reporting of her industrial injury. The Board found that terminating an employee for reporting an injury, even if violating a client's policy, constitutes unlawful discrimination. Consequently, Kelly Services was affirmed to have violated section 132a and was subject to the imposed $10,000 penalty.

Workers' Compensation Appeals BoardLabor Code section 132adiscriminationindustrial injurypermanent disabilityPetition for ReconsiderationFindings and Orderadministrative penaltyspecial employergeneral employer

References

Case No. ADJ7233690, ADJ7233689

Regular

Dec 15, 2014

, ANGELLA GALINDO vs. , SODEXO; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA; GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied DNM Pharmacy's petition for reconsideration of a dismissed lien claim. DNM Pharmacy failed to appear at a scheduled lien conference and subsequently failed to object to the Notice of Intention to Dismiss Lien. The Board found no good cause for DNM Pharmacy's non-appearance, rejecting arguments about not receiving a Declaration of Readiness and the defendant's failure to initiate a call. The WCJ's dismissal of the lien was therefore upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantDNM PharmacyWCJDeclaration of Readiness to ProceedLien ConferenceNotice of Intention to Dismiss LienBoard Rule 10562

References

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ANGELLA KEITT vs. AGUA CALIENTE CASINO, TRIBAL FIRST AFFINITY SAN DIEGO

sovereign immunityTribal Gaming Compactsubject matter jurisdictionwaiverdiscovery orderfederally recognized Indian tribereconsiderationrescindedtrial levelAngella Keitt

ANGELLA AREBAMEN vs. KELLY SERVICES, INC.

, ANGELLA GALINDO vs. , SODEXO; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA; GALLAGHER BASSETT SERVICES