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LAWSON v. CONE MILLS CORP.

No. 8310IC770.

315 S.E.2d 103 (1984)

Robert D. LAWSON, Employee, Plaintiff, v. CONE MILLS CORPORATION, Employer, and Liberty Mutual Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

May 15, 1984.

Attorney(s) appearing for the Case

McNairy, Clifford & Clendenin by Michael R. Nash and Harry Clendenin, III, Greensboro, for plaintiff.

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

WELLS, Judge.

The issue presented by this appeal is whether the Industrial Commission erred in dismissing plaintiff's claim because it was not timely filed. N.C.Gen.Stat. § 97-58 (1979) in pertinent part provides:

. . . . . (b) ... The time of notice of an occupational disease shall run from the date that the employee has been advised by competent medical authority that he has same. (c) The right to compensation for occupational disease...

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