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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ2238226
Regular
Mar 04, 2013

JUDINE JACOBS vs. RIVERSIDE-SAN BERNARDINO COUNTY INDIAN HEALTH, INC.

The Workers' Compensation Appeals Board affirmed the dismissal of an applicant's claim, finding it lacked jurisdiction due to Indian tribal sovereign immunity. The applicant, a nurse, claimed a psyche injury while employed by Riverside-San Bernardino County Indian Health, Inc. (RSB). RSB, despite being incorporated under California law, was deemed a governmental entity linked to tribes and serving federal policy, thus entitled to sovereign immunity. The Board found no evidence of an explicit waiver of this immunity.

Tribal sovereign immunityWorkers' Compensation Appeals BoardIndian Healthpsyche injurynursefindings and orderjurisdictionpetition for reconsiderationreport and recommendationadministrative law judge
References
Case No. ADJ837893
Regular
Jun 04, 2009

GEORGE ALBERT JUAREZ vs. BAJA ROOFING, FIRST AMERICAN STAFFING, INTERTRIBAL STRATEGIC VENTURES EMPLOYEES OCCUPATIONAL INJURY AND INDEMNITY, FIRST INTERCARE, UNINSURED EMPLOYERS FUND

This case involves a worker injured while employed by First American Staffing (First), a tribal entity, and allegedly also by Baja Roofing (Baja) as a special employer. The Tribal Appeals Court has already asserted jurisdiction over First, and the WCAB acknowledges it lacks jurisdiction over tribal entities like First due to sovereign immunity. The WCAB rescinded the prior findings and returned the case to the trial level, requiring the applicant to first pursue remedies against First in tribal court before the WCAB will consider Baja's liability. This is to determine if First secured adequate workers' compensation coverage as per their contract with Baja, which would then potentially absolve Baja of responsibility.

Workers' Compensation Appeals BoardTribal sovereign immunityGeneral and special employmentJoint and several liabilityRes judicataCollateral estoppelThird-party administratorEmployee leasing companiesTribal Appeals CourtInsured status
References
Case No. ADJ2424214 (RIV 0082507)
Regular
Nov 21, 2008

KATI FREEMAN vs. PALA CASINO RESORT & SPA, TRIBAL FIRST

In this workers' compensation case, the employer, Pala Casino Resort & Spa, initially sought reconsideration of a decision finding jurisdiction over their claim, arguing tribal sovereign immunity. Subsequently, the Workers' Compensation Appeals Board dismissed the applicant's claim, determining it lacked jurisdiction. The employer then requested withdrawal of their reconsideration petition, which the Board granted, dismissing the petition.

Workers' Compensation Appeals BoardPala Casino Resort & SpaTribal Firstsovereign immunitytribal jurisdictiongeneral appearancewaiver of immunityfederally recognized Indian tribeadministrative law judgePetition for Reconsideration
References
Case No. ADJ1478397 (VNO 0547417)
Regular
Apr 29, 2011

SANDRA VENEGAS, (SANDRA VALLES) vs. CHUMASH CASINO, TRIBAL FIRST/CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Appeals Board dismissed the applicant's Petition for Reconsideration because the WCJ's order taking the claim off calendar was not a final order. Treating the petition as a Petition for Removal, the Board denied it, finding no significant prejudice or irreparable harm. The WCJ initially took the case off calendar due to a sovereign immunity defense raised by the Chumash Casino, a tribal entity. Applicant argued a prior injury finding should preserve jurisdiction and the tribal entity's administrator should not assert immunity.

Sovereign immunityTribal entityWorkers' Compensation Appeals BoardJurisdictionOff calendarPetition for reconsiderationPetition for removalFinal orderSubstantive rightsIrreparable harm
References
Case No. ADJ2238226 (SBR 0335356)
Regular
May 10, 2012

JUDINE JACOBS vs. RIVERSIDE - SAN BERNARDINO COUNTY INDIAN HEALTH, INC.; TRIBAL FIRST ALLIANT SPECIALTY INSURANCE SERVICES

Applicant Judine Jacobs sought reconsideration of a February 16, 2012, Findings and Order. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to allow further study of the factual and legal issues. This action is deemed necessary for a complete understanding and a just decision. All future filings must be submitted in writing to the WCAB Commissioners' office, not district offices, and e-filing is prohibited pending the Decision After Reconsideration.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationFindings and OrderStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedingsOffice of the CommissionersElectronic Adjudication Management System
References
Case No. ADJ8199763
Regular
Mar 14, 2014

JIA YUN BERES vs. YOCHA DEHE WINTUN NATION, CACHE CREEK CASINO REPORT, TRIBAL FIRST/ALLIANT INSURANCE SERVICES

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.

Workers' Compensation Appeals BoardYocha Dehe Wintun NationCache Creek Casinosovereign immunitytribal ordinanceGaming ContractCaliforniajurisdictionWCJarbitration
References
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. ADJ8472362, ADJ8472374
Regular
Dec 30, 2013

PROVIDENT OF BROOK SILVA vs. M.A.C.T. HEALTH BOARD; TRIBAL FIRST

This case involves an applicant's petition for reconsideration after their workers' compensation claims were dismissed without prejudice due to lack of subject matter jurisdiction. The applicant argued a due process violation, claiming they were denied the opportunity to present evidence and that discovery was refused. However, the Board denied reconsideration, finding the applicant had multiple opportunities to present their case. The dismissal was based on the defendant's assertion that M.A.C.T. Health Board, as a tribal organization, is protected by sovereign immunity, and the applicant failed to demonstrate WCAB jurisdiction.

WCABPetition for ReconsiderationOrder of DismissaluntimelymeritsADJ8472362ADJ8472374cumulative traumaspecific injuryback
References
Case No. SFO 0485029
Regular
Aug 10, 2007

MARIA CARDENAS vs. GALAXY DESSERTS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior order denying the defendant's petition to terminate temporary disability indemnity. The Board held that the 104-week limitation under Labor Code section 4656(c)(1) begins from the date of the first temporary disability payment, not the date of injury or the first compensable period. This decision aligns with precedent establishing that the commencement date for the limitation is the actual date indemnity was first paid.

temporary disability indemnityPetition to Terminate LiabilityLabor Code section 4656(c)(1)104 compensable weeksfirst payment of temporary disability indemnityfirst date of compensable temporary total disabilityHawkins v. Amberwood Products
References
Case No. SAL 114162
Regular
Feb 16, 2007

ALFREDO REYES vs. CENTRAL COAST BUILDING SUPPLY, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a lower ruling that extended temporary disability benefits beyond the 104-week limit based on the first payment date rather than the first payable date. This appeal stems from applicant Alfredo Reyes's shoulder injury. The Board requires further study of the factual and legal issues to issue a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability BenefitsCompensable WeeksLabor Code Section 4656(c)(1)Date of First PaymentDate of First Paid BenefitsShoulder InjuryCentral Coast Building Supply
References
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