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Workers' Compensation Insurance Through Indian Tribal Lands

Dennis SDennis S 1 Post
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Is anyone familiar with labor leasing programs that offer their workers' compensation insurance through Indian Tribal Lands? This program is being offered in California. Evidently, Indian Tribal Lands are a "sovereign nation". As such, they have a separate and distinct legal system. This is a self-funded program that provides the same benefits to injured employees as normal work comp benefits. Disputed cases are held before the tribal counsel of the indian tribe, not before the normal appeals board.

Is this legal? I have had discussions with the Department of Insurance and Department of Labor. Both entities will not give a definitive answer as to the legality.
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  • Don DDon D 9,834 Posts
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    Everything that occurs on tribal lands is subject to tribal law, all over the nation. Those that have casinos, for example, in our state, pay no state taxes and are not subject to state gaming commission control or laws. Same with their schools and roads and car dealerships. All of it is under their own control and law. Probably the same with their insurance programs.
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