CITY OF ROSWELL v. CHAVEZ

No. 11,174.

775 P.2d 1325 (1989)

108 N.M. 608

The CITY OF ROSWELL and the Home Insurance Company, Claimants-Appellees, v. Fabian CHAVEZ, Superintendent of Insurance of the State of New Mexico, and the New Mexico Subsequent Injury Fund, Respondents-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied June 19, 1989.


Attorney(s) appearing for the Case

Freddie J. Romero, Atwood, Malone, Mann & Turner, Roswell, for claimants-appellees.

Thomas D. Haines, Jr., Hinkle, Cox, Eaton, Coffield & Hensley, Roswell, for respondents-appellants.


OPINION

APODACA, Judge.

The Subsequent Injury Fund (the fund) filed an application for interlocutory appeal from the hearing officer's decision granting summary judgment to employer (the city) and denying the fund's own motion for summary judgment. The fund claimed below that the statute of limitations had run. The city, on the other hand, argued the statute had not commenced running until the certificate of preexisting impairment was signed by the worker...

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