What the panel ordered
The WCAB lacks jurisdiction to adjudicate the workers' compensation claim because United Indian Health Services is entitled to sovereign immunity from suit under state law.
Remand from the First District Court of Appeal, Division 5, reversing the prior WCAB decision and remanding for further proceedings consistent with the Court's opinion.
This docket was decided more than once. Shown here is the latest released decision; we also hold June 4, 2024, August 17, 2023.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Court of Appeal held that United Indian Health Services is entitled to sovereign immunity as an arm of the tribe, which means the WCAB lacks jurisdiction to adjudicate the claim.
From the decision · page 4FINDINGS OF FACT 1. Deborah Hemstead filed an Application for Adjudication of Claim for workers' compensation benefits under California state law, alleging that she sustained injury on September 24, 2014 to her back, hips, shoulders, left wrist, and musculoskeletal system while employed by United Indian Health Services as a Medical Assistant III at Arcata, California. 2. United Indian Health Services is entitled to sovereign immunity as a matter of law under the "arm of the tribe" test (People v. Miami Nation Enterprises (2016) 2 Cal.5th 222 [2016 Cal. LEXIS 9626]) pursuant to United Indian Health Services, Inc./Tribal First v. Workers' Comp. Appeals Bd. (the applicant) (2025) 111 Cal.App.5th 1064 [90 Cal.Comp.Cases 499]. 3. Because United Indian Health Services is entitled to sovereign immunity as a matter of law, it is therefore immune from suit under state law and the Workers' Compensation Appeals Board lacks jurisdiction to adjudicate any claim for workers' compensation benefits against United Indian Health Services.