Kennecott Copper Corp. v. Chavez

OPINION

APODACA, Judge.

The New Mexico Subsequent Injury Fund (Fund) appeals the workers’ compensation judge’s (judge) determination that the Fund is liable for 50% of payments made by employer to worker. The Fund raises several issues. It initially argues that employer had insufficient knowledge of any preexisting impairment to allow employer to recover, despite the late filing of the certificate of preexisting impairment. See Fierro v. Stanley’s Hardware, 104 N.M. 50, 716 P.2d 241 (1986) (where employer has actual knowledge of impairment before the subsequent injury, necessary certificate may…