Kloer v. Municipality of Las Vegas
New Mexico Court of Appeals
1Opinion of the Court
OPINION
BIVINS, Judge.
Defendants appeal a judgment awarding worker’s compensation benefits for a heart attack brought on by claimant’s participation in a lunchtime basketball game. The sole issue is whether the recreational activity that triggered the heart attack arose out of and in the course of claimant’s employment. The trial court found it did. We hold that where, as here, the recreational activity occurs on the employer’s premises, and the employer knows of and acquiesces in the activity, an accidental injury resulting therefrom satisfies both the “arising out of and in the course of…
2Cases cited23 opinions
- Fryar v. JohnsenNew Mexico Supreme Court · 1979
- Garcia v. Genuine Parts Co.New Mexico Court of Appeals · 1977
- McNamara v. Town of HamdenSupreme Court of Connecticut · 1979
- Tocci v. Tessler & Weiss, Inc.Supreme Court of New Jersey · 1959
- Whitehurst v. Rainbo Baking CompanyNew Mexico Supreme Court · 1962
18 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ramirez v. Dawson Production Partners, Inc.New Mexico Court of Appeals · 2000
- Chavez v. ABF Freight Systems, Inc.New Mexico Court of Appeals · 2001
- Harkness v. McKay Oil Corp.New Mexico Court of Appeals · 2008
- Garcia v. Homestake Mining Co.New Mexico Court of Appeals · 1992
- Seiber v. Moog Automotive, Inc.Missouri Court of Appeals · 1989
7 more not listed; retrieve them via the Exa API.