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PERDUE v. DANIEL INTERN. INC.

No. 8210IC27.

296 S.E.2d 845 (1982)

James A. PERDUE, Employee-Plaintiff, v. DANIEL INTERNATIONAL INC., Employer, American Motorists Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

November 16, 1982.

Attorney(s) appearing for the Case

Franklin L. Block, Wilmington, for plaintiff-appellant.

Young, Moore, Henderson & Alvis, by John E. Aldridge, Jr., B.T. Henderson II, and William F. Lipscomb, Raleigh, for defendants-appellees.

VAUGHN, Judge.

Plaintiff's first argument is that the Industrial Commission was wrong in dismissing his claim due to lack of jurisdiction. G.S. 97-24(a) provides: "The right to compensation under this Article shall be forever barred unless a claim be [sic] filed with the Industrial Commission within two years after the accident." The requirement of filing a claim within two years of the accident is not a statute of limitation, but a condition precedent to the...

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