Home/Case Law/PROVIDENT OF BROOK SILVA vs. M.A.C.T. HEALTH BOARD; TRIBAL FIRST
Regular DecisionReconsideration

PROVIDENT OF BROOK SILVA vs. M.A.C.T. HEALTH BOARD; TRIBAL FIRST

Filed: Dec 30, 2013
Sacramento
ADJ8472362, ADJ8472374

CompFox AI Summary

This case involves an applicant's petition for reconsideration after their workers' compensation claims were dismissed without prejudice due to lack of subject matter jurisdiction. The applicant argued a due process violation, claiming they were denied the opportunity to present evidence and that discovery was refused. However, the Board denied reconsideration, finding the applicant had multiple opportunities to present their case. The dismissal was based on the defendant's assertion that M.A.C.T. Health Board, as a tribal organization, is protected by sovereign immunity, and the applicant failed to demonstrate WCAB jurisdiction.

Full Decision Text1 Pages

This case involves an applicant's petition for reconsideration after their workers' compensation claims were dismissed without prejudice due to lack of subject matter jurisdiction. The applicant argued a due process violation, claiming they were denied the opportunity to present evidence and that discovery was refused. However, the Board denied reconsideration, finding the applicant had multiple opportunities to present their case. The dismissal was based on the defendant's assertion that M.A.C.T. Health Board, as a tribal organization, is protected by sovereign immunity, and the applicant failed to demonstrate WCAB jurisdiction.

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PROVIDENT OF BROOK SILVA vs. M.A.C.T. HEALTH BOARD; TRIBAL FIRST (2013) – Sacramento | CompFox