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SCHULTZ EX REL. SCHULTZ v. POLICE DEPT. OF POJOAQUE

No. 28,508.

317 P.3d 866 (2013)

2014-NMCA-019

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.

August 19, 2013.

Attorney(s) appearing for the Case

Academy Compensation Clinic, P.C., 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} 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...

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