GUTIERREZ v. WELLBORN PAINT MANUFACTURING CO.

No. 187.

448 P.2d 477 (1968)

79 N.M. 676

Arthur GUTIERREZ, Plaintiff-Appellant, v. WELLBORN PAINT MANUFACTURING COMPANY, Employer, and Fireman's Fund Insurance Company, Insurance Carrier, Defendants-Appellees.

Court of Appeals of New Mexico.

November 27, 1968.


Attorney(s) appearing for the Case

A.T. Montoya, Montoya & Montoya, Albuquerque, for appellant.

David R. Gallagher, Toulouse, Ruud, Gallagher & Walters, Albuquerque, for appellees.


OPINION

WOOD, Judge.

This appeal is concerned with the "actual knowledge" which excuses written notice in a workmen's compensation case. See § 59-10-13.4(B), N.M.S.A. 1953. The actual knowledge required is knowledge of an accident and knowledge of a compensable injury. Roberson v. Powell, 78 N.M. 69, 428 P.2d 471 (1967); Smith v. State, 79 N.M. 25, 439 P.2d 242

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