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Tom Growney Equipment Co. v. Jouett5/20/2005
-producing event within the statutory time period. Id. at 638-39, 593 P.2d at 473-74. The Court measured the date of the worker's accident not as the date of the initial accident but from the date the accidental injury became disabling. Id. at 642, 593 P.2d at 477. An employment report prepared by her supervisor for purposes of workers' compensation indicated that the worker was injured in June and noted that she continued to work, except for a vacation, for several weeks until September. Id. The employer argued that it had no actual knowledge of an accident for purposes of the Workers' Compensation Act but only knowledge that the worker's back was hurting her. Id. The Herndon Court concluded that the worker gave actual notice based on the report and the supervisor's "previous knowledge of work and the pressure brought to bear upon the aggravation of her back injury." Id. Particularly relevant to the present case, the Court,
n determining whether [the employer] had actual knowledge of the accident, . . . [gave] no credence to [the supervisor's] testimony as to the meaning of an "accident," nor to [the worker 's] statement that the "accident" occurred on June 4, 1975. It is obvious that the employer and claimant have no understanding of what may constitute an "accident" in a workmen's compensation claim. The average person believes that an accident occurs, by way of illustration, where a claimant suffers a cut finger or smashed thumb. Neither of the parties knew or understood the meaning of an "accident" as described [by precedent]. Our duty is to glean from the evidence presented, the "accident" that occurred and the date thereof.
Id. The Court thus concluded that, for purposes of notice, it did "not fix the date of [the worker 's] accident as June 4, 1975;" instead, " he `accident' was the subsequent and continued strain on [the worker's] back that resulted in an accidental injury on September 2, 1975," when the injury became disabling. Id.
{35} In the present matter, as with Herndon, the date Jouett became disabled is the operative date of accidental injury for purposes of notice, so Jouett was required to give notice to Big Dog within fifteen days after his disability prevented him from working. Also as with Herndon, it is not relevant how the worker or employer might define an "accident." Jouett's somewhat conflicting testimony that he may or may not have suffered discrete accidental injuries while working for Patterson Drilling and Big Dog is less relevant than the fact that he testified that his work activities at these subsequent employers aggravated his initial injury, supported by Dr. Maldonado's expert testimony. This work-activity-induced aggravation of his shoulder resulting in disability constituted the "accident" for which he is required to give notice. However, December 14, 2001, is the latest date that Jouett could argue that he became disabled and could no longer perform his work duties; thus, he knew or should have known, by that date at the very least, that he had suffered a compensable injury for which notice is required.
{36} This Court discussed the notice requirement in Gomez v. B.E. Harvey Gin Corp., 110 N.M. 100, 792 P.2d 1143 (1990). In Gomez, the worker injured his lower back on December 14, 1988, in a work-related accident; he suffered immediate pain but continued to work for the day, receiving medical treatment that evening. Id. at 101, 792 P.2d at 1144. He remained home the following day due to pain from this injury, "but thereafter worked in continual pain at his regular job until January 27, 1989," eventually going to the hospital on February 3 due to severe pain. Id. at 102, 792 P.2d at 1145. He gave notice of an accidental injury to his
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