As discussed in a previous blog, in 2010, the New Mexico Court of Appeals concluded that the Workers Compensation Administration does not have jurisdiction where a Worker is injured in the course of employment at a business wholly owned and operated by a federally recognized Indian tribe, if the Tribe has not expressly waived sovereign immunity. See Antonio v. Inn of the Mountain Gods Resort and Casino, 2010-NMCA-077, cert. den.
However, recent cases highlight that there can be quite a bit of parsing between tribal business entities, and as to whether which if any have waived tribal immunity
