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BEYALE v. ARIZONA PUBLIC SERVICE CO.

No. 8758.

729 P.2d 1366 (1986)

Ike BEYALE, Sr., Plaintiff-Appellee, v. ARIZONA PUBLIC SERVICE COMPANY, Self-insurer, Defendant-Appellant.

Court of Appeals of New Mexico.

July 17, 1986.

Attorney(s) appearing for the Case

Byron Caton, Tansey, Rosebrough, Roberts & Gerding, P.C., Farmington, for defendant-appellant.

Bruce P. Moore, Moscow, Idaho, Randall S. Roberts, Roberts & Jolley, P.C., Farmington, for plaintiff-appellee.

OPINION

MINZNER, Judge.

Defendant appeals an award of workmen's compensation benefits, claiming (1) the trial court erred when it refused to allow defendant to argue that plaintiff did not give notice of the alleged accident pursuant to NMSA 1978, Section 52-1-29, when the issue was raised for the first time on the morning of trial; and (2) that the award is not based on substantial evidence. We affirm.

Facts and Procedural Background

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