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

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
7
Case No. MISSING
Regular Panel Decision

World Touch Gaming, Inc. v. Massena Management, LLC

Plaintiff World Touch Gaming, Inc. sued Massena Management, LLC, Akwes-asne Mohawk Casino, and St. Regis Mohawk Tribe for breach of contract related to lease and sales agreements for gaming machines. The defendants moved to dismiss the amended complaint citing a lack of subject matter jurisdiction due to the Tribe's sovereign immunity. The court found that the Tribe and its enterprise, the Casino, enjoy sovereign immunity, which was not effectively waived by the Management Company's Senior Vice President. Despite explicit waiver language in the agreements, the Tribe's constitution and civil judicial code dictate that only the Tribal Council can expressly waive sovereign immunity, which it did not do. Consequently, the court granted the defendants' motion to dismiss against the Tribe and the Casino. Furthermore, the Management Company was also dismissed from the suit as the Tribe and the Casino were deemed indispensable parties under Fed.R.Civ.P. 19(b).

Contract DisputeSovereign ImmunityTribal LawIndian Gaming Regulation ActBreach of ContractMotion to DismissSubject Matter JurisdictionAgency LawWaiver of ImmunityIndispensable Parties
References
13
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
37
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
0
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
0
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
1
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
1
Case No. 06 Civ. 4880(PKC)
Regular Panel Decision
Apr 20, 2009

Swarna v. Al-Awadi

Plaintiff Swarna Vishranthamma sued her former employers, Badar Al-Awadi and Halal Muhammad Al-Shaitan (Individual Defendants), and the State of Kuwait for slavery and slavery-like practices under the Alien Tort Claims Act (ATCA) and for labor law violations. The Individual Defendants claimed diplomatic immunity, and Kuwait claimed sovereign immunity. The court ruled that the Individual Defendants' alleged actions were private acts, not official diplomatic functions, thus denying them residual diplomatic immunity for both ATCA and labor law claims. Conversely, Kuwait was granted sovereign immunity from the labor law claims, as it was not the direct employer, and its financial support to the diplomat was deemed a sovereign act. Kuwait also retained immunity from the ATCA claims, as the diplomat's tortious acts were outside the scope of employment, and claims of ratification/aiding and abetting involved discretionary governmental functions. Consequently, the court granted the plaintiff's motion for a default judgment against the Individual Defendants but denied it against the State of Kuwait, dismissing all claims against Kuwait for lack of subject matter jurisdiction.

Diplomatic ImmunitySovereign ImmunityAlien Tort Claims ActForced LaborInvoluntary ServitudeHuman TraffickingSexual SlaveryDefault JudgmentEmployment LawVicarious Liability
References
59
Case No. 09-01510-r
Regular Panel Decision
Apr 13, 2010

Ace American Insurance v. DPH Holdings Corp. (In Re DPH Holdings Corp.)

The State of Michigan Workers’ Compensation Insurance Agency and Funds Administration (Michigan Defendants) appealed an order from the United States Bankruptcy Court for the Southern District of New York, which denied their motion to dismiss an adversary complaint. The complaint, filed by Ace American Insurance Company and Pacific Employers Insurance Company (Ace/Pacific) against the Michigan Defendants and Delphi Corporation, sought a declaration on the scope of insurance coverage for workers' compensation policies. The Michigan Defendants argued sovereign immunity and lack of subject matter jurisdiction. Ace/Pacific cross-appealed, seeking affirmation of the Bankruptcy Court's decision on sovereign immunity. The District Court affirmed the Bankruptcy Court's order, finding that it had subject matter jurisdiction, including post-confirmation jurisdiction, and that sovereign immunity was abrogated by the Constitutional Convention in bankruptcy proceedings to effectuate in rem jurisdiction.

Bankruptcy LawSovereign ImmunitySubject Matter JurisdictionCore ProceedingsPost-confirmation JurisdictionDeclaratory Judgment ActionWorkers' CompensationInsurance CoverageChapter 11 ReorganizationEstate Administration
References
23
Case No. MISSING
Regular Panel Decision

Myers v. Seneca Niagara Casino

Rachel Myers sued Seneca Niagara Casino, alleging violations of the Family and Medical Leave Act (FMLA) after her termination due to illness. The Casino, an arm of the Seneca Nation of Indians, moved to dismiss based on tribal sovereign immunity, arguing FMLA does not abrogate this immunity and the Nation had not waived it. Plaintiff countered that the Casino's employee manual and a Nation-State Gaming Compact constituted waiver. The Court found no express abrogation by Congress and no clear, unequivocal waiver by the Seneca Nation, distinguishing the cited Compact's limited scope. Consequently, the District Court granted Defendant's motion, dismissing the case for lack of subject matter jurisdiction, also ruling that equitable relief was unavailable.

FMLATribal Sovereign ImmunitySubject Matter JurisdictionFederal Rule of Civil Procedure 12(b)(1)Second Circuit PrecedentIndian Nations LawWaiver of ImmunityEquitable ReliefEmployment LawGaming Compacts
References
13
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