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PENNINGTON v. FLAME REFRACTORIES, INC.

No. 8010IC745.

281 S.E.2d 463 (1981)

James O. PENNINGTON, Employee, Plaintiff-Appellant, v. FLAME REFRACTORIES, INC., Employer, and General Accident Group, Carrier, Defendants-Appellees.

Court of Appeals of North Carolina.

September 1, 1981.

Attorney(s) appearing for the Case

Hutchins, Tyndall, Bell, Davis & Pitt by Richard Tyndall, Winston-Salem, for plaintiff-appellant.

Young, Moore, Henderson & Alvis by John E. Aldridge, Jr., and William F. Lipscomb, Raleigh, for defendant-employer and defendant-carrier, appellees.

WHICHARD, Judge.

G.S. 97-47 provides that "upon the application of any party in interest on the grounds of a change in condition," the Industrial Commission may review any award of workers' compensation and, inter alia, increase the award. This review must occur, however, within two years from the last payment under the original award. The issue here is whether claimant made timely "application" for review of his award. We hold that he did.

Claimant...

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