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DOWDY v. FIELDCREST MILLS, INC.

No. 8210IC52.

298 S.E.2d 82 (1982)

59 N.C. App. 696

Roy G. DOWDY, Plaintiff Employee, v. FIELDCREST MILLS, INC., Defendant Employer.

Court of Appeals of North Carolina.

December 7, 1982.

Attorney(s) appearing for the Case

Michaels & Jernigan by Leonard T. Jernigan, Jr., Raleigh, for plaintiff-appellee.

Smith, Moore, Smith, Schell & Hunter by J. Donald Cowan and Caroline Hudson, Greensboro, for defendant-appellant.

ARNOLD, Judge.

The sole issue on this appeal is whether plaintiff filed his claim within the statute of limitations. G.S. 97-58(c) states in part: The right to compensation for occupational disease shall be barred unless a claim be filed with the Industrial Commission within two years after death, disability, or disablement as the case may be.

Under G.S. 97-55, disability is defined as "the state of being...

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