CompFox AI Summary
The Appeals Board granted reconsideration and rescinded the prior award because the trial judge prematurely determined the casino, owned by a federally recognized Indian tribe, waived sovereign immunity. The Board needs to first determine if it has subject matter jurisdiction, and the casino must present evidence on this issue at the trial level. The casino improperly attached new evidence to its reconsideration petition. The case is returned to the trial level for further proceedings to properly address the jurisdictional question.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded the prior award because the trial judge prematurely determined the casino, owned by a federally recognized Indian tribe, waived sovereign immunity. The Board needs to first determine if it has subject matter jurisdiction, and the casino must present evidence on this issue at the trial level. The casino improperly attached new evidence to its reconsideration petition. The case is returned to the trial level for further proceedings to properly address the jurisdictional question.
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