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ROHRER v. EIDAL INTERNATIONAL

No. 195.

449 P.2d 81 (1968)

79 N.M. 711

Chester Francis ROHRER, Plaintiff-Appellant and Cross-Appellee, v. EIDAL INTERNATIONAL, Employer, and Mountain States Mutual Casualty Company, Insuror, Defendants-Appellees and Cross-Appellants.

Court of Appeals of New Mexico.

Rehearing Denied December 19, 1968.

Attorney(s) appearing for the Case

LeRoi Farlow, Farlow & Duffy, Albuquerque, for plaintiff-appellant.

Allen C. Dewey, Jr., Peter J. Adang, Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, for defendants-appellees.

OPINION

WOOD, Judge.

The dispositive issue is "actual knowledge" of the occurrence which dispenses with written notice of accident and compensable injury under our Workmen's Compensation Act. Section 59-10-13.4(B), N.M.S.A. 1953. This issue is raised by both parties; plaintiff in appealing from a judgment in his favor, defendant by cross-appeal. Plaintiff complains of (1) the finding as to when the employee gave the employer "actual notice" and (2) the refusal...

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