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WALTRIP v. OSAGE MILLION DOLLAR ELM CASINO

No. 109,030.

290 P.3d 741 (2012)

2012 OK 65

John A. WALTRIP, Petitioner, v. OSAGE MILLION DOLLAR ELM CASINO and/or Osage Tribe, Hudson Insurance Co. and the Workers' Compensation Court, Respondents.

Supreme Court of Oklahoma.

Rehearing Denied October 29, 2012.

Attorney(s) appearing for the Case

Bryce A. Hill , Law Office of Bryce A. Hill, Tulsa, Oklahoma, for Petitioner.

Leah P. Keele , Brandy L. Shores , Brian J. Goree , Latham, Wagner, Steele & Lehman, P.C., Tulsa, Oklahoma, for Respondents.

COLBERT, V.C.J.

¶ 1 An employee of a tribal enterprise seeks to invoke the jurisdiction of the Oklahoma Workers' Compensation Court. This Court holds (1) the tribe enjoys sovereign immunity and is not therefore subject to the jurisdiction of the Oklahoma Workers' Compensation Court and (2) the workers' compensation insurer does not enjoy the tribe's immunity and is estopped to deny coverage under a policy for which it accepted premiums computed in part on the...

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