Legal Opinion
Gutierrez v. WELLBORN PAINT MANUFACTURING CO.
New Mexico Court of Appeals
Decided November 27, 1968No. 187PublishedCited by 5 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
This appeal is concerned with the “actual knowledge” which excuses written notice in a workmen’s compensation case. See § 59-10-13.4(B), N.M.S.A. 1953. The actual knowledge required is knowledge of an accident and knowledge of a compensable injury. Roberson v. Powell, 78 N.M. 69, 428 P.2d 471 (1967); Smith v. State, 79 N.M. 25, 439 P.2d 242 (Ct.App.1968). The trial court found there was “no actual knowledge of a compensable injury” and dismissed plaintiff’s claim; he appeals. The issue is whether there is substantial evidence to support the finding. If the challenged…
2Cases cited8 opinions
- Lozano v. ArcherNew Mexico Supreme Court · 1962
- Winter v. Roberson Construction CompanyNew Mexico Supreme Court · 1962
- Waymire v. Signal Oil Field Service, Inc.New Mexico Supreme Court · 1966
- Baca v. Swift & CompanyNew Mexico Supreme Court · 1964
- Witt v. Marcum Drilling CompanyNew Mexico Supreme Court · 1964
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3Cited by5 opinions
- Marez v. Kerr-McGee Nuclear Corp.New Mexico Court of Appeals · 1978
- Herndon v. Albuquerque Public SchoolsNew Mexico Court of Appeals · 1978
- Hammond v. KerseyNew Mexico Court of Appeals · 1972
- Herndon v. Albuquerque Public SchoolsNew Mexico Court of Appeals · 1978
- Marez v. Kerr-McGee Nuclear Corp.New Mexico Court of Appeals · 1978