Consolidated Freightways, Inc. v. Subsequent Injury Fund

OPINION

BIVINS, Chief Judge.

Employer appeals from a summary judgment by the Workers’ Compensation Division (the WCD) dismissing its claim against the New Mexico Subsequent Injury Fund (the Fund) on the ground that employer had not filed a certificate of preexisting impairment prior to worker’s subsequent injury. The Fund cross-appeals that portion of the WCD’s order alternatively denying it summary judgment based upon employer’s failure to provide the Fund ninety days’ notice of its intent to file a claim. We reverse the WCD on both issues.

FACTS

Worker suffered an accidental work-related injury…