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JOJOLA v. AETNA LIFE AND CAS.

No. 11352.

782 P.2d 395 (1989)

109 N.M. 142

Joe JOJOLA, Claimant, v. AETNA LIFE AND CASUALTY and Twin Mountain Construction, Respondents-Appellants, v. THE NEW MEXICO SUBSEQUENT INJURY FUND, Respondents-Appellees.

Court of Appeals of New Mexico.

October 12, 1989.

Attorney(s) appearing for the Case

Maureen S. Reed, Christopher W. Nickels, Beall, Pelton, O'Brien & Brown, Albuquerque, N.M., for respondents-appellants.

Nathan H. Mann and M. Clea Gutterson, Gallagher, Casados & Mann, P.C., Albuquerque, N.M., for respondents-appellees.

OPINION

HARTZ, Judge.

The Workers' Compensation Division (the WCD) dismissed employer's claim against the New Mexico Subsequent Injury Fund (the Fund) on the ground that employer had not filed a certificate of pre-existing impairment prior to worker's subsequent injury, as required by a statute that became effective after the subsequent injury but before employer filed its claim against the Fund. Employer appeals. We reverse.

FACTS

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