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UNDERWOOD v. CONE MILLS CORP.

No. 8510IC144.

336 S.E.2d 634 (1985)

John D. UNDERWOOD, Employee, v. CONE MILLS CORPORATION, Employer, Self-Insured.

Court of Appeals of North Carolina.

December 3, 1985.

Attorney(s) appearing for the Case

Ling and Farran by Stephen D. Ling, for plaintiff-appellee.

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

PARKER, Judge.

The issue presented by this appeal is whether the plaintiff filed his claim within the time prescribed by G.S. 97-58, which 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 shall be barred unless a claim be filed with the Industrial Commission within two years...

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