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

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. 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. 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. MISSING
Regular Panel Decision

People v. Herne

This case addresses a jurisdictional issue concerning the St. Regis Mohawk Tribal Police's authority outside their reservation boundaries. Defendant Amanda Herne was arrested by tribal police in Franklin County, but outside the St. Regis Mohawk Reservation, for aggravated driving while intoxicated, driving while intoxicated, and speed not reasonable and prudent. The court, interpreting Indian Law § 114, concluded that the tribal police's powers are strictly limited to the reservation, except for specific circumstances not present. Consequently, the arrest was deemed null and void due to lack of jurisdiction. The indictment against Amanda Herne was dismissed, with the court noting that tribal officers can still assist other agencies or provide citizen testimony.

Indian LawTribal Police JurisdictionSt. Regis Mohawk TribeCriminal Procedure LawStatutory ConstructionGeographic JurisdictionDWITraffic OffenseArrest AuthorityMotion to Dismiss
References
17
Case No. MISSING
Regular Panel Decision

Verdi v. United States

This case addresses the application of pendent jurisdiction in a Federal Torts Claims Act (FTCA) case where a state common law claim is asserted against a party over whom there is no independent federal jurisdiction. Plaintiffs brought an action, including a claim against the Town of Huntington, following a slip and fall accident near a U.S. Post Office. The Town of Huntington moved to dismiss for lack of jurisdiction. The U.S. Magistrate recommended retaining jurisdiction, applying the doctrine of pendent-party jurisdiction. The District Court adopted this recommendation, concluding that pendent-party jurisdiction is appropriate in FTCA cases under these circumstances to ensure all claims can be tried in a single federal forum. Therefore, the Town of Huntington's motion to dismiss was denied, and its request for an interlocutory appeal was also denied.

Pendent JurisdictionFederal Tort Claims ActSlip and FallMotion to DismissPersonal InjuryFederal Court JurisdictionState Law ClaimsCommon Nucleus of Operative FactInterlocutory AppealJudicial Economy
References
27
Case No. MISSING
Regular Panel Decision

In re Bridget Y.

The dissenting opinion argues that the New York Family Court improperly exercised temporary emergency jurisdiction over the subject children, Colleen Y. and Kelly Y. While agreeing that New Mexico was the children's home state and a custody proceeding was already pending there, the dissent contends that the strict criteria for an emergency, requiring 'imminent and substantial danger,' were not met. The dissent points out that the New Mexico court had already assumed jurisdiction, transferred custody to an Ohio family, and issued a protective order against the parents, thereby eliminating any immediate risk of abuse or parental control. The opinion concludes that the Family Court's order creates jurisdictional conflict rather than eliminating it, advocating for the reversal of the orders and dismissal of the proceeding for lack of jurisdiction over the children under 18.

Child CustodyUCCJEAEmergency JurisdictionNeglect ProceedingsInterstate JurisdictionNew Mexico LawNew York Family CourtHome State RuleImminent HarmParental Rights
References
14
Case No. MISSING
Regular Panel Decision
Nov 13, 1985

National Union Fire Insurance v. Ideal Mutual Insurance

This case involves an appeal concerning personal jurisdiction over Parthenon Insurance Company. The plaintiff appealed an order denying its motion to reargue and renew opposition to Parthenon's motion to dismiss for lack of personal jurisdiction. The Appellate Division reversed the lower court's decision, granting the plaintiff's motion to reargue and renew, and subsequently denying Parthenon's motion to dismiss without prejudice, allowing for limited discovery on the jurisdictional issue. The central legal question is whether Parthenon, a 'captive' insurer for Hospital Corporation of America (HCA) and its subsidiaries, which conduct business in New York, is subject to personal jurisdiction in New York State. The court found that enough evidence was presented to warrant discovery to establish jurisdiction.

Personal JurisdictionCorporate VeilSubsidiary LiabilityParent CompanyInsurance CoverageMotion to DismissDiscoveryAppellate ReviewCPLRCaptive Insurer
References
4
Case No. MISSING
Regular Panel Decision

Greenblatt v. New York State Labor Relations Board

This declaratory judgment action addresses whether the New York State Labor Relations Board (SLRB) has jurisdiction over a skilled nursing and health-related facility operated by the New York State Commissioner of Health as a receiver. The plaintiff, Robert M. Greenblatt, as the Commissioner's designee, contended that the receivership performed governmental functions, exempting it from SLRB jurisdiction under Labor Law § 715(2). The court examined prior cases involving state agency heads acting as receivers and found the plaintiff's arguments for differentiation unpersuasive. The court ruled that the employees of these facilities are not state employees and that denying SLRB jurisdiction would leave them unable to select union representation, especially given the receivership's prolonged duration. Consequently, the court declared that the SLRB does have jurisdiction over the employees for representational hearings and unfair labor practice matters.

JurisdictionState Labor Relations BoardReceiverPublic Health LawLabor LawSkilled Nursing FacilityHealth-Related FacilityCollective BargainingDeclaratory JudgmentStatutory Interpretation
References
11
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