Schultz Ex Rel. Schultz v. Pojoaque Tribal Police Department
New Mexico Court of Appeals
1Opinion of the Court
OPINION
FRY, Judge.
{1} In this workers’ compensation case, the issue before us is whether Officer Kevin Schultz’s accidental death arose out of and within the course of his employment with the Pueblo of Pojoaque Tribal Police Department (Employer). The workers’ compensation judge (WCJ) concluded that Officer Schultz’s death did not arise out of and in the course of his employment because he was off-duty, outside his jurisdiction, and on a personal day trip near the Rio Grande at the time of the accident. Because of the unique nature of law enforcement duties, we conclude that law enforcement…
2Cases cited28 opinions
- Lessard v. Coronado Paint & Decorating Center, Inc.New Mexico Court of Appeals · 2007
- McKinney v. DorlacNew Mexico Supreme Court · 1944
- Whitehurst v. Rainbo Baking CompanyNew Mexico Supreme Court · 1962
- Hernandez v. Home Education Livelihood Program, Inc.New Mexico Court of Appeals · 1982
- Ramirez v. Dawson Production Partners, Inc.New Mexico Court of Appeals · 2000
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3Cited by2 opinions
- Schultz v. Pojoaque Tribal Police Dep'tNew Mexico Court of Appeals · 2013
- State v. MonafoNew Mexico Court of Appeals · 2016