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PAYNE v. CONE MILLS CORP.

No. 8210IC215.

299 S.E.2d 847 (1983)

James R. PAYNE, Employee, Plaintiff, v. CONE MILLS CORPORATION, Employer, and Liberty Mutual Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

February 15, 1983.

Attorney(s) appearing for the Case

Boone, Wall, Higgins, Chastain & Dennis by Peter Chastain, Greensboro, for plaintiff, appellee.

Smith, Moore, Smith, Schell & Hunter by J. Donald Cowan, Jr. and Caroline Hudson, Greensboro, for defendants, appellants.

HEDRICK, Judge.

The sole issue on this appeal is whether the plaintiff filed his claim within the statutory time period set out by N.C.Gen.Stat. § 97-58(b) and (c) which in pertinent part provides:

(b) The report and notice to the employer as required by G.S. 97-22 shall apply in all cases of occupational disease except in cases of asbestosis, silicosis, or lead poisoning. The time of notice of an occupational disease shall run from the date that the...

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