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RUTLEDGE v. STROH COMPANIES

No. 9110IC298.

412 S.E.2d 901 (1992)

105 N.C. App. 307

Jackie C. RUTLEDGE, Plaintiff Employee, v. STROH COMPANIES, Defendant Employer, and Standard Fire Insurance Company, Carrier; Defendant(s).

Court of Appeals of North Carolina.

February 4, 1992.

Attorney(s) appearing for the Case

Lore & McClearen by R. Edwin McClearen, Raleigh, for plaintiff, appellant.

Womble Carlyle Sandridge & Rice by Clayton M. Custer, Winston-Salem, for defendants, appellees.

HEDRICK, Chief Judge.

Plaintiff's sole assignment of error is the Industrial Commission erred in denying plaintiff's claim on the grounds that it was barred by the statute of limitations in G.S. 97-58(c). Plaintiff argues he filed his claim within two years of receiving notice of the nature and work-related cause of the disease. Furthermore, plaintiff contends that even if he had been put on notice of his disease more than two years prior to filing his claim, the...

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