KENNECOTT COPPER CORP. v. CHAVEZ

No. 11311.

786 P.2d 53 (1990)

109 N.M. 439

KENNECOTT COPPER CORPORATION, Claimant-Appellant, v. Fabian CHAVEZ, Superintendent of Insurance, and the New Mexico Subsequent Injury Fund, Respondents-Appellees.

Court of Appeals of New Mexico.

January 4, 1990.


Attorney(s) appearing for the Case

Charles E. Stuckey, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, for claimant-appellant.

MacDonnell Gordon, Sp. Asst. Atty. Gen., Hinkle, Cox, Eaton, Coffield & Hensley, Santa Fe, for respondents-appellees.


OPINION

APODACA, Judge.

Kennecott Copper Corporation (employer) appeals the workers' compensation judge's (judge) order granting summary judgment to the Subsequent Injury Fund (the fund). Summary judgment was based on the judge's conclusion that the statute of limitations for a claim against the fund had run and the claim was therefore untimely. Employer raises two issues: (1) were there issues of material fact on the question of whether employer knew or...

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