Middletown Rancheria of Pomo Indians v. Workers' Comp. Appeals Bd.

We granted this petition for writ of review to consider whether the Workers’ Compensation Appeals Board (Appeals Board) has subject matter jurisdiction over a federally recognized Indian tribe, Middletown Ranchería of Pomo Indians, doing business as Twin Pine Casino (Tribe), for purposes of enforcing California’s workers’ compensation laws.

Tribe contends that neither Congress nor Tribe has waived its sovereign immunity from liability under California’s workers’ compensation laws. We agree. The Appeals Board does not possess subject matter jurisdiction over Tribe as a matter of law. For the reasons discussed below, we conclude: (1) Tribe enjoys sovereign immunity from state regulation of the employment affairs of Tribe and its members; (2) Public Law No. 280 section 4, codified at 28 United States Code section 1360 , is not an explicit congressional waiver of Tribe’s sovereign immunity from state worker’s compensation liability; (3) Tribe has not waived its sovereign status; (4) California’s workers’ compensation laws unquestionably are “civil/regulatory,” not “criminal/prohibitory,” under Bryan v. Itasca County (1976) 426 U.S. 373 [ 96 S.Ct. 2102 , 48 L.Ed.2d 710 ]; (5)…