This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A worker employed as a snowmaker at Ski Apache, a division of the Inn of the Mountain Gods Resort and Casino, was injured on January 9, 2006, during the course of his employment. The resort is wholly owned and operated by the Mescalero Apache Tribe, a federally recognized Indian tribe. The worker received workers’ compensation benefits through the Tribe’s insurer but later filed a complaint seeking additional compensation for neck problems and depression allegedly resulting from the injury (paras 2-3).
Procedural History
- Workers’ Compensation Administration, March 22, 2007: The Workers’ Compensation Administration dismissed the worker’s claim for lack of subject matter jurisdiction, holding that the injury occurred on tribal land and the Tribe was not conducting business within the state of New Mexico (para 1).
Parties' Submissions
- Worker-Appellant: Argued that the Workers’ Compensation Administration had jurisdiction because the injury occurred on federal, not tribal, land, and that the Tribe was conducting business in New Mexico. Additionally, the worker claimed that the Tribe’s workers’ compensation program was not as favorable as required under the New Mexico Workers’ Compensation Act, and the Tribe had no program in place at the time of the injury (paras 1, 4, 6, 16-19).
- Employer/Insurer-Appellees: Asserted that the Tribe enjoys sovereign immunity, which was not expressly waived, and that the Workers’ Compensation Administration lacked jurisdiction. They also argued that the Tribe’s workers’ compensation program provided benefits to the worker, and any disputes should be resolved in tribal court (paras 5, 13, 16-20).
Legal Issues
- Did the Workers’ Compensation Administration have subject matter jurisdiction over the worker’s claim against the Tribe?
- Did the Tribe waive its sovereign immunity by operating a business on federal land or through its gaming compact with the state?
- Was the Tribe’s workers’ compensation program less favorable than the state’s program, and does this affect jurisdiction?
Disposition
- The Court of Appeals affirmed the dismissal of the worker’s claim, holding that the Workers’ Compensation Administration lacked subject matter jurisdiction due to the Tribe’s sovereign immunity (para 22).
Reasons
Per Robles J. (Fry C.J. and Wechsler J. concurring):
The Court held that the Mescalero Apache Tribe enjoys sovereign immunity, which can only be waived expressly and unequivocally. The Tribe did not waive its immunity in this case, either through its gaming compact with the state or by operating a business on federal land (paras 5-6, 13, 15-16). The Court rejected the worker’s argument that the location of the injury on federal land conferred jurisdiction, citing federal and state precedents affirming tribal immunity regardless of the location of the activity (paras 6-13).
The Court also found that the Tribe’s workers’ compensation program provided benefits to the worker, and any disputes regarding the adequacy of those benefits must be resolved in tribal court. The worker had not exhausted tribal remedies, making his claims speculative and unreviewable (paras 19-21).
The Court concluded that the Workers’ Compensation Administration correctly dismissed the claim for lack of jurisdiction, as the Tribe’s sovereign immunity barred the suit (para 22).