Court remands Pojoaque officer's widow's case to lower court

Posted at: 04/11/2013 1:16 PM
Updated at: 04/11/2013 5:33 PM
By: BARRY MASSEY Associated Press

SANTA FE, N.M. (AP) - New Mexico's highest court is allowing a tribal police officer's widow to seek workers' compensation benefits for his death a decade ago while rescuing a drowning boy from the Rio Grande.

The state Supreme Court on Thursday reinstated a lawsuit brought over the death of Pojoaque Pueblo Police Officer Kevin Schultz.

The off-duty 44-year-old officer jumped into the river near Pilar in August 2002 and saved a 12-year-old boy, who had fallen in while fishing.

Schultz then collapsed in shallow water and drowned.

The state Appeals Court had earlier ruled against his widow, Cheryl, saying she missed a deadline for filing a claim for benefits.

But the Supreme Court disagreed and ordered the case back to the appeals court to determine whether the woman is entitled to compensation.

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Schultz v. Pojoaque Tribal Police