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ANAYA v. BIG THREE INDUSTRIES, INC.

No. 1286.

521 P.2d 130 (1974)

Robert ANAYA, Plaintiff-Appellant, v. BIG THREE INDUSTRIES, INC., and Highlands Insurance Company, Defendants-Appellees.

Court of Appeals of New Mexico.

March 27, 1974.

Attorney(s) appearing for the Case

Scotty N. Oliver, Hannett, Hannett, Cornish & Barnhart, Albuquerque, for plaintiff-appellant.

Peter G. Prina, Gene C. Walton, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for defendants-appellees.

OPINION

WOOD, Chief Judge.

In this workmen's compensation case, the trial court concluded that neither actual notice nor written notice had been given in compliance with § 59-10-13.4, N.M.S.A. 1953 (Repl. Vol. 9, pt. 1). Plaintiff appeals from the dismissal of his claim.

Section 59-10-13.4, supra, reads:

"A. Any workman claiming to be entitled to compensation from any employer shall give notice in writing to his employer of the accident...

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