Marcario Chavez v. Kennecott Copper Corporation

CHILSON, District Judge.

This diversity action was brought by the appellant-plaintiff seeking to recover damages from his former employer, the appellee-defendant, on the grounds that the defendant had acted in bad faith in denying a claim which the plaintiff had made for Workmen’s Compensation benefits under the New Mexico Workmen’s Compensation Act. (N.M.S.A. § 59-10-1 et seq.)

Pertinent to a consideration of this appeal is the procedure provided by the Act for the prosecution of a claim for benefits thereunder.

By the Act, the plaintiff is required to give notice in writing to his employer of…