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Peterson v. Wells Fargo Armored Services Corp.3/20/2000
of the injury in question. See Mirabal, 77 N.M. at 578, 425 P.2d at 742 (observing written evidence of workers' compensation coverage in record); Shope, 92 N.M. at 510, 590 P.2d at 658 ("We must keep in mind that defendant actually had compensation insurance within the mandatory 30 day period, but was late in filing this certificate by 15 days."); Quintana, 80 N.M. at 589, 458 P.2d at 841 (noting that employer had policy at time of accidental injury ). The doctrine contemplates that the failure of an employer to file in a timely manner is due to a technical error that is promptly corrected. See Quintana, 80 N.M. at 590, 458 P.2d at 842 (noting that employer's "technical delay" did not permit wrongful death suit); Mirabal, 77 N.M. at 578, 425 P.2d at 742 ("It would seem contrary to legislative intent that any technical delay which in no way prejudices a claimant would give rise to a common-law suit.").
It is not clear whether Wells Fargo's failure to file proof of insurance was due to technical or substantive reasons. We do not decide that question on the record before us. Regardless, Wells Fargo's failure to promptly correct the problem caused litigation surrounding insurance coverage, precisely the uncertainty that the filing statute addresses. Wells Fargo then compounded the problem with its incomplete and inconclusive September 1995 production which led to Plaintiff's filing the motion to amend the complaint to add a negligence claim against Wells Fargo. On November 15, 1995, at a stage of the litigation when Wells Fargo had previously produced documentation concerning its coverage and Plaintiff had sought to amend her complaint, the filing of proof of coverage no longer had any substantive value. Because the purpose of the Act's filing requirement had already either been met or frustrated, the November 15, 1995 filing was not substantial compliance with the Act.
3. Actual Notice
Wells Fargo also argues that Plaintiff had actual notice that compensation benefits were available due to the contacts between Offerdahl and Dunton. In addition, Wells Fargo points to a facsimile communication to Plaintiff's attorneys from the Administration in August 1995 identifying the insurance policy in question and providing the name and address of the insurer. Wells Fargo relies on case law construing actual notice as sufficient to show substantial compliance with the filing requirement. See Shores v. Charter Servs., Inc., 106 N.M. 569, 570, 746 P.2d 1101, 1102 (1987); Baldwin v. Worley Mills, Inc., 95 N.M. 398, 399-400, 622 P.2d 706, 707-08 (Ct. App. 1980).
We recognize that the parties do not dispute that contacts between Offerdahl and Dunton took place. However, we are not persuaded by the argument that these contacts constituted actual notice. We agree with Wells Fargo that the cases do not require knowledge that benefits are available; they require that Plaintiff have "actual knowledge, and thus notice, of the existence of a workmen's compensation policy of insurance." Baldwin, 95 N.M. at 400, 622 P.2d at 708. However, in September 1995, Plaintiff had been given conflicting information concerning the existence of a policy. The Administration had told Ken Peterson that Wells Fargo did not have compensation insurance. Later, Offerdahl told Dunton that Travelers was the compensation carrier. Still later, the Administration told Plaintiff's attorneys that Continental was the compensation carrier. When all of these facts are considered, reasonable minds could differ as to whether Plaintiff had actual knowledge of the existence of a policy of compensation insurance. Thus, Wells Fargo was not entitled to summary judgment on this basis.
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