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McCUBBINS v. FIELDCREST MILLS, INC.

No. 8510IC210.

339 S.E.2d 497 (1986)

Christine McCUBBINS, Employee, v. FIELDCREST MILLS, INC., Employer, Self-Insurer.

Court of Appeals of North Carolina.

February 18, 1986.

Attorney(s) appearing for the Case

Ling & Farran by Stephen D. Ling, Greensboro, for plaintiff-appellee.

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

PHILLIPS, Judge.

Defendant first contends that the record shows plaintiff's claim was not timely filed and that it was error for the Commission to vacate the Deputy Commissioner's dismissal of the claim. This contention is without merit. G.S. 97-58(c) provides that "[t]he 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....

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