11.01.050 Conditions of Liability

(a) Liability under this chapter shall exist against an employer only where the following conditions concur:

(1) Where the employee sustains an injury.

(2) Where, at the time of the injury, both the employer and employee are subject to the provisions of this chapter.

(3)(A) Where, at the time of the injury, the employee is performing service growing out of and incidental to his or her employment.

(B) Any employee going to and from his or her employment in the ordinary and usual way, while on the premises of the employer, or while in the immediate vicinity thereof if the injury results from an occurrence on the premises, any employee going between the employer's designated parking lot and the employer's work premises while on a direct route and in the ordinary and usual way or any firefighter or municipal utility employee responding to a call for assistance outside the limits of his or her village, unless that response is in violation of law, is performing service growing out of and incidental to employment.

(C) An employee is not performing service growing out of and incidental to his or her employment while going to or from employment in a private group or employer-sponsored car pool, van pool, commuter bus service or other ride-sharing program in which the employee participates voluntary and the sole purpose of which is the mass transportation of employees to and from employment. An employee is not performing service growing out of and incidental to employment while engaging in a program designed to improve the physical well-being of the employee, whether or not the program is located on the employer's premises, if participation in the program is voluntary and the employee receives no compensation for participation.

(D) The premises of the employer include the premises of any other person on whose premises the employee performs service.

(E) To enhance the morale and efficiency of Tribal employees and attract qualified personnel to work for the Band, it is the policy of the Bad River Band that the benefits of this chapter shall extend and be granted to employees in the service of the Band:

(i) Where the injury is not intentionally self-inflicted.

(ii) Where the accident or disease causing injury arises out of the employees employment.

(iii) Every employee whose employment requires the employee to travel shall be deemed to be performing service growing out of and incidental to the employee's employment at all times while on a trip, except when engaged in a deviation for a private or personal purpose. Acts reasonably necessary for living or incidental thereto shall not be regarded as such a deviation. Any accident or disease arising out of a hazard of such service shall be deemed to arise out of the employee's employment.

(iv) Members of the Tribal Council are covered by this chapter when they are engaged in performing their duties as Tribal Council members including:

(I) While performing services growing out of and incidental to their function as Tribal Council members;

(II) While performing their official duties as members of committees or other official bodies created by the Tribal Council;

(III) While traveling to and from the Chief Blackbird Center to perform their duties as Tribal Council members; and

(IV) While traveling to and from any place to perform services growing out of and incidental to their function as Tribal Council members, regardless of where the trip originated, and including acts reasonably necessary for living are not deviations.

(b) Where such conditions exist the right to the recovery of compensation under this chapter shall be the exclusive remedy against the employer, any other employee of the same employer and the worker's compensation insurance carrier. This section does not limit the right of an employee to bring action against any co-employee for assault intended to cause bodily harm, or against a co-employee for negligent operation of a motor vehicle not owned or leased by the employer.

(c) Providing or failing to provide any safety inspection or safety advisory service incident to a contract for worker's compensation insurance or to a contract for safety inspections or safety advisory services does not by itself subject an insurer, an employer, insurance service organization to liability for damages for an injury resulting from providing or failing to provide the inspection or services.

(d) The right to compensation and the amount of the compensation shall in all cases be determined in accordance with the provisions of a tribal health and disability insurance policy in effect as of the date of the injury.

(e) If an employee of the Band, while working outside the territorial limits of this Band, suffers an injury on account of which the employee, or in the event of the employee's death, his or her dependents would have been entitled to the benefits provided by this chapter.