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DAWKINS v. MILLS

No. 8410IC606.

329 S.E.2d 688 (1985)

Mary Ann DAWKINS, Employee, Plaintiff, v. Erwin MILLS, and/or Burlington Industries, Inc. Employer, Self-Insurer, or American Mutual Liability Insurance Company, Alleged Carrier, Defendants.

Court of Appeals of North Carolina.

May 21, 1985.

Attorney(s) appearing for the Case

Charles R. Hassell, Jr., Raleigh, for plaintiff-appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by C. Ernest Simons, Jr. and Steven M. Sartorio, Raleigh, for defendant-appellee Burlington Industries.

Teague, Campbell, Conely & Dennis by George W. Dennis III, for defendant-appellee American Mut. Ins. Co.

BECTON, Judge.

The sole issue on this appeal is whether plaintiff filed her worker's compensation claim within the time prescribed by G.S. sec. 97-58. G.S. sec. 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.

The two-year statute of limitations under G.S. 97-58(c) for filing...

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