Litigation

Law: Tribal immunity doesn't protect casino insurance company

Thursday, August 30, 2012

"Case name: Waltrip v. Osage Million Dollar Elm Casino, No. 109030 (Okla. 06/26/12).

Ruling: The Oklahoma Supreme Court held that a supervisor's workers' compensation claim against an Indian tribe and its insurer was reinstated against the insurer.

What it means: In Oklahoma, a workers' compensation insurer cannot enjoy an Indian tribe's workers' compensation immunity and is estopped from denying coverage under a policy for which it accepted premiums computed in part on a worker's earnings.

Summary: A surveillance supervisor for an Indian casino fell on a patch of ice while working. He injured his right shoulder. He filed a workers' compensation claim, seeking medical treatment and temporary total disability. The casino and its insurer asserted that the court lacked jurisdiction based on the tribe's sovereign immunity. The Oklahoma Supreme Court reinstated the supervisor's claim against the insurer."

Get the Story:
Tribe's sovereign immunity does not save insurer from comp claim (Risk and Insurance 8/30)