AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• An off-duty police officer drowned while rescuing a child during a church outing. His widow filed for workers' compensation benefits, which was contested by the employer and insurer. The case hinged on whether the officer's death was work-related and whether the claim was filed within the statutory time limit (paras 2-3).

Procedural History

• Workers' Compensation Administration: The initial complaint was dismissed without prejudice due to statute of limitations and a second complaint was filed, which was also deemed untimely (paras 3-5).
• Court of Appeals of New Mexico: Affirmed the WCJ's decision that the claim was barred by the statute of limitations and did not address the employment-related issue of the officer's death (para 6).

Parties' Submissions

• Worker-Appellant: Argued that the statute of limitations should be tolled due to the employer's conduct and failure to file an accident report, which misled the widow into believing compensation would be paid (paras 9, 21, 27).
• Employer/Insurer-Appellees: Contended that the claim was not filed within the statutory time limit and that the officer's death did not arise out of his employment.

Legal Issues

• Whether the statute of limitations barred the widow's claims for workers' compensation benefits (para 7).
• Whether the officer's death arose out of and in the course of his employment (para 7).

Disposition

• The appeal was dismissed on the grounds that the widow's claim was barred by the statute of limitations (para 33).

Reasons

• The Court found that the statute of limitations began accruing from the date of the worker's death and was not tolled by the employer's conduct or failure to file an accident report. The Court assumed a two-month tolling period due to the employer's conduct but concluded that even with tolling, the second complaint was filed outside the statutory time limit. The Court did not address whether the officer's death was work-related due to the disposition of the statute of limitations issue (paras 11-32).