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ARAGON v. FURR'S, INC.

No. 12656.

815 P.2d 1186 (1991)

112 N.M. 396

Steve ARAGON, Claimant, v. FURR'S INC., Respondent-Appellant, v. Fabian CHAVEZ, New Mexico Superintendent of Insurance, and New Mexico Subsequent Injury Fund, Third-Party Respondents-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied August 9, 1991.

Attorney(s) appearing for the Case

John R. Tiwald, Albuquerque, for claimant.

E.W. Shepherd, Kimberly A. Franklin, Hatch, Beitler, Allen & Shepherd, P.A., Albuquerque, for respondent-appellant.

Nathan H. Mann, Doris W. Eng, Gallagher, Casados & Mann, P.C., Albuquerque, for third-party respondents-appellees.

OPINION

BIVINS, Judge.

Employer appeals an order of the workers' compensation judge dismissing its claim against the Subsequent Injury Fund (the Fund) because the claim was barred by the statute of limitations. We reverse.

Prior to 1985, claimant had a permanent physical impairment to his left knee, of which his employer had actual knowledge. On May 21, 1985, he injured his left knee while at work; the accidental injury resulted in a disability that...

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