City of Roswell v. Chavez

OPINION

APODACA, Judge.

The Subsequent Injury Fund (the fund) filed an application for interlocutory appeal from the hearing officer’s decision granting summary judgment to employer (the city) and denying the fund’s own motion for summary judgment. The fund claimed below that the statute of limitations had run. The city, on the other hand, argued the statute had not commenced running until the certificate of preexisting impairment was signed by the worker or, if the statute had begun to run earlier, that it was tolled during the period of time worker refused to sign the certificate. The hearing…