Pamela Bordelon v. Paragon Casino and Resort

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 03-1223

PAMELA BORDELON VERSUS TUNICA BILOXI INDIAN TRIBE OF LA, d/b/a PARAGON CASINO AND RESORT

********** APPEAL FROM THE OFFICE OF WORKERS’ COMPENSATION - # 2 PARISH OF RAPIDES, NO. 02-08904 JAMES L. BRADDOCK, WORKERS’ COMPENSATION JUDGE ********** GLENN B. GREMILLION JUDGE ********** Court composed of Jimmie C. Peters, Michael G. Sullivan, and Glenn B. Gremillion, Judges.

AFFIRMED.

Jay Anthony Pucheu P. O. Box 310 Marksville, LA 71351 (318) 253-5080 Counsel for Plaintiff/Appellant Pamela Bordelon Anthony P. Palermo Breazeale, Sachse & Wilson P. O. Box 3197 Baton Rouge, LA 70821 (225) 387-4000 Counsel for Defendant/Appellee Tunica Biloxi Indian Tribe of LA, d/b/a Paragon Casino and Resort GREMILLION, Judge.

The plaintiff, Pamela Bordelon, appeals the judgment of the workers’ compensation judge granting an exception of subject matter jurisdiction in favor of the defendant, Tunica Biloxi Indian Tribe of LA, d/b/a Paragon Casino and Resort, dismissing her workers’ compensation claim with prejudice. Tunica Biloxi filed the exception claiming that it was immune from suit in the Louisiana Department of Labor, Office of Workers’ Compensation, due to its sovereign status as an Indian nation.

After reviewing the law and the evidence, we conclude that the issue in this matter is essentially identical to that raised in our recent decision of Ortego v. Tunica Biloxi Indians of LA, d/b/a Paragon Casino, 03-1001 (La.App. 3 Cir. 2/4/04), So.2d . Finding our opinion in Ortego controlling, we affirm the dismissal of Bordelon’s suit.

CONCLUSION For the foregoing reasons, the judgment of the workers’ compensation judge granting Tunica Biloxi’s exception of lack of subject matter jurisdiction is affirmed. The costs of this matter are assessed to the plaintiff-appellant, Pamela Bordelon.

AFFIRMED.