Sullivan v. WCAB
Filed 8/17/06 Sullivan v. WCAB CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| RAYMOND SULLIVAN, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and TABLE MOUNTAIN RANCHERIA, Respondents. | F049313
(WCAB No. FRE 0205393)
OPINION |
THE COURT*
ORIGINAL PROCEEDINGS; petition for writ of review from a decision of the Workers' Compensation Appeals Board. Frank M. Bass, James C. Cuneo and Ronnie G. Caplane, Commissioners. Joy L. Krikorian, Workers' Compensation Administrative Law Judge.
William S. Morris, for Petitioner.
No appearance by Respondent Workers' Compensation Appeals Board.
Lang, Richert & Patch and Laurie Quigley, for Respondent Table Mountain Rancheria.
-ooOoo-
Raymond Sullivan petitions this court to review a decision of the Workers' Compensation Appeals Board (WCAB) dismissing his workers' compensation discrimination claim (Labor Code,[1] § 132a) against Table Mountain Rancheria (Table Mountain), a federally recognized Indian tribe. Concluding Table Mountain has not clearly waived its sovereign immunity with regard to Sullivan's employment, we must deny the petition.
BACKGROUND
Sullivan claimed he suffered a cumulative trauma industrial injury to his right upper extremity while working as a security surveillance agent at Table Mountain's casino in Friant during the period ending January 9, 2002.[2] Sullivan also filed a petition for increased compensation based on Table Mountain's alleged discrimination under section 132a.[3]
On July 14, 2004, Sullivan and the State Compensation Insurance Fund entered into a â€
