Laura Stelly v. Paragon Casino and Resort

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 03-1222

LAURA STELLY VERSUS PARAGON CASINO AND RESORT

************ APPEAL FROM THE OFFICE OF WORKERS’ COMPENSATION, DISTRICT 2, PARISH OF RAPIDES, NO. 02-2587, JAMES L. BRADDOCK, WORKERS’ COMPENSATION JUDGE ************ MICHAEL G. SULLIVAN JUDGE ************ Court composed of Jimmie C. Peters, Michael G. Sullivan, and Glenn G. Gremillion, Judges.

AFFIRMED.

Jay A. Pucheu Attorney at Law Post Office Box 310 Marksville, Louisiana 71351 (318) 253-5080 Counsel for Plaintiff/Appellant: Laura Stelly Anthony P. Palermo Breazeale, Sachse & Wilson Post Office Box 3197 Baton Rouge, Louisiana 70821 (225) 387-4000 Counsel for Defendant/Appellee: Paragon Casino and Resort SULLIVAN, Judge.

In this workers’ compensation case, Defendant filed an exception of lack of subject matter jurisdiction, 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. The workers’ compensation judge sustained the exception and dismissed Plaintiff’s suit.

After reviewing the law and the evidence, we conclude that the issues in this case are essentially identical to those 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 Ortego controlling, we affirm the dismissal of Plaintiff’s suit.

Decree For the foregoing reasons, the judgment of the Office of Workers’ Compensation granting Defendant’s exception of lack of subject matter jurisdiction is affirmed. Costs of this appeal are assessed to Plaintiff-Appellant, Laura Stelly.

AFFIRMED.