DUNCAN v. CARPENTER & PHILLIPS

No. 236.

64 S.E.2d 410 (1951)

233 N.C. 422

DUNCAN v. CARPENTER & PHILLIPS et al.

Supreme Court of North Carolina.

April 11, 1951.


Attorney(s) appearing for the Case

McBee & McBee, Spruce Pine, and W. E. Anglin, Burnsville, for plaintiff.

Proctor & Dameron, Marion, for defendants.


DENNY, Justice.

The only question for decision is whether upon the facts in this case the plaintiff filed his claim with the Industrial Commission in time, in light of the provisions of G.S. § 97-58, which read as follows:

"(a) An employer shall not be liable for any compensation for asbestosis, silicosis or lead poisoning unless disablement or death results within two years after the last exposure to such disease, or, in case of death, unless death follows...

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