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PanelRemanded

Hemsted, Deborah

DEBORAH HEMSTED, Applicant vs. UNITED INDIAN HEALTH SERVICES and TRIBAL FIRST INSURANCE, Defendants

ADJ number: ADJ10124964
Decision date: Aug 16, 2023
District office: Eureka
WCJ: —
Claim administrator: Tribal First Insurance
Commissioners: —

Injury / body parts: back, hips, shoulders, left wrist, musculoskeletal system

LC §5900LC §5902LC §5903LC §5904LC §5803

Summary

Applicant Deborah Hemsted, employed as a Medical Assistant III by United Indian Health Services (UIHS), claimed an industrial injury on September 24, 2014. UIHS, a tribal nonprofit serving multiple federally recognized tribes, asserted sovereign immunity to bar WCAB jurisdiction. The WCJ first issued a December 2, 2016 decision finding UIHS could assert sovereign immunity but reserving the waiver question, then in a June 21, 2019 decision found sovereign immunity had been waived by the tribes and the WCAB had jurisdiction. On reconsideration, the Appeals Board held the December 2016 decision was interlocutory (not final), and that the WCJ never applied the correct legal framework—the five-factor 'arm of the tribe' test from People v. Miami Nation Enterprises (2016) 2 Cal.5th 222. The Board rescinded both decisions and remanded for a new determination applying Miami.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.