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SCHULTZ v. POJOAQUE TRIBAL POLICE DEPT.

No. 28,508.

269 P.3d 14 (2011)

2012-NMCA-015

Cheryl SCHULTZ on behalf of Kevin Schultz (deceased), Worker-Appellant, v. POJOAQUE TRIBAL POLICE DEPARTMENT, and New Mexico Mutual Casualty Company, Employer/Insurer-Appellees.

Court of Appeals of New Mexico.

December 6, 2011.

Attorney(s) appearing for the Case

Law Offices of George Wright Weeth, George Wright Weeth , Albuquerque, NM, for Appellant.

Riley, Shane & Keller, P.A., Richard J. Shane , Kristin J. Dalton , Albuquerque, NM, for Appellees.

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...

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