Legal Opinion · Dissent

Spieker v. Skelly Oil Company

New Mexico Supreme Court

Decided September 16, 1954No. 5786Published

1DissentCompton, Justice

The majority opinion forever bars recovery to an injured workman on technical grounds. In this instance, it shifts the burden from industry itself to the injured workman. Just where does the statute make provision for a second notice for the same injury? The purpose of notice, obviously, is to give the employer an opportunity to investigate the claimed injury and in this instance that was done and compensation paid for a time. What further purpose could a second notice serve?

The finding of the jury is amply sustained. When appellee was discharged, he had not fully recovered from the injury,…

2Cases cited6 opinions

  1. Sinclair Prairie Oil Co. v. SmithSupreme Court of Oklahoma · 1934
  2. Royal Indemnity Co. v. Industrial CommissionSupreme Court of Colorado · 1930
  3. Oklahoma Natural Gas Corporation v. CraigSupreme Court of Oklahoma · 1942
  4. Gilson's CaseMassachusetts Supreme Judicial Court · 1926
  5. Continental Roll & Steel Foundry Co. v. SlocumIndiana Court of Appeals · 1942

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