Brandy Castro — ADJ12552472

Applicant Brandy Castro filed a claim against Black Oak Casino Resort, a permissibly self-insured employer administered by Tribal First Affinity. Defendant petitioned to dismiss for lack of subject matter jurisdiction based on tribal sovereign immunity, and the WCJ dismissed the Application on February 4, 2020 without creating an evidentiary record. Applicant sought reconsideration, arguing that further discovery was needed on issues of employment, tribal ownership/operation, waiver of immunity, and whether defendant maintained a comparable workers' compensation system. The Appeals Board granted reconsideration and rescinded the dismissal, finding the WCJ failed to create a proper record and improperly treated the matter like a petition for judgment on the pleadings in violation of WCAB Rule 10515. The matter was returned to the trial level for further proceedings and a new decision, with the Board expressing no opinion on the merits of the jurisdictional issues.