[Download] "Gutierrez v. Wellborn Paint Manufacturing Co." by New Mexico Court of Appeals " eBook PDF Kindle ePub Free

eBook details

Title: Gutierrez v. Wellborn Paint Manufacturing Co.
Author : New Mexico Court of Appeals
Release Date : January 27, 1968
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

This appeal is concerned with the "actual knowledge" which excuses written notice in a workmens compensation case. See Â§ 59-10-13.4(B), N.M.S.A. 1953. The actual knowledge required is knowledge of an accident and knowledge of a compensable injury. Roberson v. Powell, 78 N.M. 69, 428 P.2d 471 (1967); Smith v. State, 79 N.M. 25, 439 P.2d 242 (Ct.App.1968). The trial court found there was "no actual knowledge of a compensable injury" and dismissed plaintiffs claim; he appeals. The issue is whether there is substantial evidence to support the finding. If the challenged finding has substantial support, the judgment should be affirmed. Witt v. Marcum Drilling Company, 73 N.M. 466, 389 P.2d 403 (1964).