KLOER v. MUNICIPALITY OF LAS VEGAS

No. 9921.

746 P.2d 1126 (1987)

106 N.M. 594

Fritz KLOER, Plaintiff-Appellee, v. The MUNICIPALITY OF LAS VEGAS, New Mexico and New Mexico Municipal Self Insurers, Defendants-Appellants.

Court of Appeals of New Mexico.

November 17, 1987.


Attorney(s) appearing for the Case

Carlos G. Martinez, Don E. Lepley, Butt, Thornton & Baehr, P.C., Albuquerque, for defendants-appellants.

Ronald J. Van Amberg, Roth, Van Amberg, Gross, Amarant & Rogers, Santa Fe, for plaintiff-appellee.


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...

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