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  5. 793 P.2d 1354 (1990)
 

CONSOLIDATED FREIGHTWAYS v. INJURY FUND

Nos. 11595, 11667.

793 P.2d 1354 (1990)

110 N.M. 201

CONSOLIDATED FREIGHTWAYS, INC., Claimant-Appellant/Cross-Appellee, v. The SUBSEQUENT INJURY FUND and Fabian Chavez, Superintendent of Insurance, Respondent-Appellee/Cross-Appellant.

Court of Appeals of New Mexico.

May 15, 1990.

Attorney(s) appearing for the Case

Charles E. Stuckey, Jay B. Simonson, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for claimant-appellant/cross-appellee.

Victor S. Lopez, The Benavidez Law Firm, Albuquerque, for respondent-appellee/cross-appellant.

OPINION

BIVINS, Chief Judge.

Employer appeals from a summary judgment by the Workers' Compensation Division (the WCD) dismissing its claim against the New Mexico Subsequent Injury Fund (the Fund) on the ground that employer had not filed a certificate of preexisting impairment prior to worker's subsequent injury. The Fund cross-appeals that portion of the WCD's order alternatively denying it summary judgment based upon employer's failure to provide the Fund...

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