§ 10-303 Bringing a claim under the tribal dispute process.
A. Statute of Limitations – Written Notice of Injury. Persons seeking compensation for a compensable injury that they believe they have suffered at a gaming facility must provide the Gaming Authority with a written notice of injury within six (6) months of the date the cause of action accrued.
1. A cause of action under this chapter will be deemed to have accrued on the date the bodily injury, personal injury or property damage occurred unless accrual of a cause of action is granted a different term under California tort law (e.g., for a latent injury).
2. The requirement of a written notice of injury is excused if the insurance carrier or the Gaming Authority has actual knowledge of the alleged harm as evidenced by direct communications with the prospective claimant about the incident prior to the expiration of the six (6) month time period, by the claimant’s receipt of a notice of tribal dispute process (e.g., on site at the time of the incident) or by other reliable means.
3. The written notice of injury shall include the claimant’s name and contact information, provide sufficient information to explain how and when the alleged bodily injury, personal injury or property damage occurred, and may come from the injured person’s insurer, attorney, or other representative.
4. If a claimant had previously received a notice of tribal dispute process, the written notice of injury does not restart the time in which a claimant must file his or her claim. The statute of limitations remains one hundred eighty (180) days from the receipt of the notice of tribal dispute process.
B. Notice of Tribal Dispute Process. Upon receiving the written notice of injury, the Gaming Authority shall provide the claimant with a notice of tribal dispute process by personal service, certified mail, return receipt requested or other method allowed in the guidelines. The notice shall include all of the information required by the compact, including advising the claimant that she or he is required to first exhaust the tribal dispute process and, if dissatisfied with the resolution, is entitled to the appeal process described in Articles IV and V of this chapter. If the claimant has already received a notice of tribal dispute process, the receipt of a second such notice (e.g., the claimant first received a notice on site at the time of the incident) does not extend the claimant’s deadlines and the notice of tribal dispute process shall state the same. The notice of tribal dispute process shall advise the claimant the she or he has the right to consult an attorney at his or her own cost and that attorney’s fees and costs will not be awarded in any matter.
1. Any other dispute resolution process initiated by the claimant shall be stayed until the completion of the tribal dispute process or one hundred eighty (180) days from the date the formal written claim is filed with the Gaming Authority, whichever first occurs, unless the parties mutually agree to a longer period.
2. Failure of the Gaming Authority to provide the notice of tribal dispute process within forty-five (45) days from the receipt of the written notice of injury shall result in the tolling of the time in which the claimant must file the formal written claim, though under no circumstances will the deadlines to file be longer than the statute of limitations for compensable injuries under California law.
C. Formal Written Claim. The Claimant must deliver his or her formal written claim to the Gaming Authority Director of Customer Care within one hundred eighty (180) days of his or her receipt of the notice of tribal dispute process. The notice of tribal dispute process is deemed received by the claimant if served personally on the claimant (either by hand delivery at or near the time of the incident or by service of process) or by certified mail with an executed return receipt by the claimant. The one hundred eighty (180) day limitation period must be prominently displayed on the front page of the notice of tribal dispute process.
1. The formal written claim is the claimant’s opportunity to prove his or her case and, if applicable, add to the information provided in the written notice of injury. The more relevant information provided, the more likely it is the claim can be resolved by the Gaming Authority or its insurance carrier in a timely fashion. The following is critical information that should be included in the formal written claim:
a. The name, mailing address, and telephone number of claimant and claimant’s legal representative, if any;
b. The date, location, and detailed account of the alleged incident or occurrence that gave rise to the bodily injury, personal injury or property damage;
c. The identity or description of all persons known to claimant or believed by claimant to be involved in the incident or occurrence that gave rise to the bodily injury, personal injury or property damage;
d. The identity or description of all witnesses to the incident or occurrence that gave rise to the bodily injury, personal injury or property damage, including, if known, the name, address, phone number, email, or other contact information for such persons;
e. A detailed description of the alleged bodily injury, personal injury, or property damage suffered by the claimant;
f. The specific amount of compensation sought by the claimant as of the date of the submission of the formal written claim, including the estimated amount of any prospective injury, damage, or loss, together with the basis of computation and documentation to support or justify the amount sought;
g. The identity or description of all persons known to claimant or believed by claimant to have personal knowledge of the alleged injury, damage, or loss, including, without limit, the name, address, phone number, email, or other contact information for such persons; and
h. All supporting documentary or other evidence and written witness statements upon which the claimant intends to rely, including without limit, medical records and reports, investigative reports, witness statements, contracts, photographs, and police and accident reports.
2. The formal written claim must be signed by the claimant under penalty of perjury. If the claimant is unable to sign the formal written claim because of physical or mental incapacity, it must be signed under penalty of perjury by the person with the claimant’s power of attorney, the claimant’s legal representative, or another person with personal knowledge of its contents.
3. The claimant may supplement or amend the materials provided and the Director of Customer Care or insurance carrier may request additional information and documentation reasonably necessary to determine liability or assess damages.
4. The Director of Customer Care shall notify the Tribal Council, the Chairperson, the Tribe’s General Counsel or attorney, the Gaming Authority’s Board of Directors and Manager, and the insurance carrier, of each formal written claim.
5. The Gaming Authority or insurance carrier may waive the need for a formal written notice if it has actual knowledge of the injury, damage, or loss, is already in active negotiations with the claimant, already has sufficient information and documentation to resolve the claim with the claimant, or any combination thereof. Such a waiver will not be binding unless in writing. (Res. 2021-22)