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HERNANDEZ v. LEVI STRAUSS, INC.

No. 10311.

763 P.2d 78 (1988)

107 N.M. 644

Pilar HERNANDEZ, Plaintiff, v. LEVI STRAUSS, INC., Defendant/Third-Party Plaintiff-Appellee, v. Fabian CHAVEZ, State Superintendent of Insurance and the New Mexico Subsequent Injury Fund, Third-party Defendants-Appellants.

Court of Appeals of New Mexico.

August 25, 1988.

Attorney(s) appearing for the Case

Stephan M. Vidmar, Virginia A. Anderman, Miller, Stratvert, Torgerson & Schlenker, P.A., Albuquerque, for defendant/third-party plaintiff-appellee.

MacDonnell Gordon, Joe W. Wood, Hinkle, Cox, Eaton, Coffield & Hensley, Santa Fe, for third-party defendants-appellants.

OPINION

DONNELLY, Chief Judge.

This interlocutory appeal presents the issue of when an employer is time-barred from asserting its claim for reimbursement against the Subsequent Injury Fund (Fund). The Fund appeals from the denial of its motion for summary judgment against the employer, Levi Strauss, Inc., based on the statute of limitations. We affirm.

In April 1982, the plaintiff, Pilar Hernandez, suffered an accidental injury while on the job....

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