Luiz, Christian

Applicant Christian Luiz claimed a cumulative trauma injury to his neck and upper extremity ending March 30, 2018, while employed by Northern Circle Indian Housing Authority and allegedly United Native Housing Development Corporation. The WCJ found Northern Circle to be a tribal entity with sovereign immunity outside WCAB jurisdiction, but found United Native Housing did not enjoy sovereign immunity and was subject to WCAB jurisdiction. United Native Housing petitioned for reconsideration, arguing the WCJ misapplied the five-factor 'arm-of-the-tribe' test from People v. Miami Nation Enterprises (2016) 2 Cal.5th 222. After re-weighing the five Miami factors, the Appeals Board concluded four of five factors (method of creation, purpose, tribal control, and financial relationship) favored sovereign immunity, with only the second factor (intent to share immunity) weighing against. The Board rescinded the WCJ's contrary finding and held United Native Housing enjoys sovereign immunity, dismissing it as a party defendant.