WCA-0003-1222 Nonprecedential Affirmed Processed

Laura Stelly v. Paragon Casino and Resort

Louisiana Court of Appeal, Third Circuit · Filed March 3, 2004

The holding in the court’s own words

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.

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Quoted verbatim from the opinion — no paraphrase, nothing generated. Not yet human-reviewed. How we find the holding.

Opinion text

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

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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.

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