Summary
concluding that the judge of compensation claims lacked subject matter jurisdiction because the claimant failed to show a clear, express, and unmistakable waiver of sovereign immunity
Summary of this case from Seminole Tribe of Florida v. ArizOpinion
Case No. 1D02-3048.
Opinion filed December 11, 2003.
An appeal from an order of the Judge of Compensation Claims, Judith A. Brechner, Judge.
Joseph Hackney, Jr., of Joseph Hackney, Jr., P.A., Miami, for Appellant.
Donald A. Orlovsky of Kamen Orlovsky, P.A., West Palm Beach, and Leopoldo Garcia, Jr., of Angones, Hunter, McClure, Lynch Williams, P.A., Miami, for Appellee.
In this workers' compensation appeal, claimant, James Cupo, filed a petition for benefits asserting that he was injured during the course and scope of his employment with the employer, the Seminole Tribe of Florida. The judge of compensation claims dismissed the petition based upon lack of subject-matter jurisdiction over the Tribe. Cupo contends that the ruling violated his right to contract under Article I, Section 10, of the United States Constitution. We affirm, because Cupo failed to show a clear, express and unmistakable waiver of sovereign immunity by the Tribe, or any Act of Congress abrogating the Tribe's sovereign immunity. See Houghtaling v. Seminole Tribe of Fla., 611 So.2d 1235 (Fla. 1993). See also Middletown Rancheria of Pomo Indians v. Workers' Comp. App. Bd., 71 Cal.Rptr.2d 105 (Cal.Ct.App. 1998).
AFFIRMED.
WOLF, C.J., ERVIN and PADOVANO, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED