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JIMERSON v. ARAPAHOE DRILLING

No. 10481.

764 P.2d 143 (1988)

Tim JIMERSON, Plaintiff-Appellant, v. ARAPAHOE DRILLING, Employer and the Home Insurance Company, Insurer, Defendants, and Fabian Chavez, Superintendent of Insurance, and the New Mexico Subsequent Injury Fund, Defendants and Third-Party Defendants-Appellees.

Court of Appeals of New Mexico.

October 25, 1988.

Attorney(s) appearing for the Case

Bruce P. Moore, Albuquerque, Victor A. Titus, Farmington, for plaintiff-appellant.

Ellen S. Casey, Hinkle, Cox, Eaton, Coffield & Hensley, Santa Fe, for defendants and third-party defendants-appellees.

OPINION

DONNELLY, Chief Judge.

This appeal poses the issue of whether a worker who has failed to satisfy the statutory provision requiring that timely notice of a work-related accident and injury be given to his employer under the Workers' Compensation Act may, nevertheless, maintain a separate action arising out of the same injury against the Subsequent Injury Fund (Fund). NMSA 1978, § 52-1-29 (Orig.Pamp.). We hold that plaintiff's failure to comply...

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