KENNECOTT COPPER CORP. v. CHAVEZ

No. 12063.

805 P.2d 633 (1990)

111 N.M. 366

KENNECOTT COPPER CORPORATION, Claimant-Appellee, v. Fabian CHAVEZ, State Superintendent of Insurance, and New Mexico Subsequent Injury Fund, Respondents-Appellants.

Court of Appeals of New Mexico.

December 13, 1990.


Attorney(s) appearing for the Case

Paul R. Koller, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for claimant-appellee.

Todd E. Farkas, Nathan H. Mann, Gallagher, Casados & Mann, P.C., Sp. Asst. Attys. Gen., Albuquerque, for respondents-appellants.


OPINION

APODACA, Judge.

The New Mexico Subsequent Injury Fund (Fund) appeals the workers' compensation judge's (judge) determination that the Fund is liable for 50% of payments made by employer to worker. The Fund raises several issues. It initially argues that employer had insufficient knowledge of any preexisting impairment to allow employer to recover, despite the late filing of the certificate of preexisting impairment. See Fierro v. Stanley's Hardware...

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