Schultz ex rel. Schultz v. Pojoaque Tribal Police Department

OPINION

FRY, Judge.

{1} During a recreational church outing, Kevin Schultz (Worker) drowned while rescuing a child who had fallen into the Rio Grande near Pilar, New Mexico. At the time of his death, Worker was an off-duty police officer with the Pojoaque Tribal Police Department (Employer). Approximately fourteen months after Worker’s death, his widow, Cheryl Schultz, filed a workers’ compensation complaint for medical and survivor benefits against Employer and its insurer. The Workers’ Compensation Judge (WCJ) denied Mrs. Schultz’s claims, determining that the complaint was barred by the…