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COFFEY v. WEYERHAEUSER CO.

No. COA11-791.

720 S.E.2d 879 (2012)

Sheila COFFEY, Administrator for the Estate of Dennis H. Barber, Sr., Deceased Employee, and Sheila Coffey, Harvey Barber, Dennis Hubert Barber, Jr., and Patricia Barber Manning, Children of Deceased Employee, Plaintiffs, v. WEYERHAEUSER COMPANY, Employer, Self-Insured, Defendant.

Court of Appeals of North Carolina.

January 17, 2012.

Attorney(s) appearing for the Case

Wallace and Graham, P.A., Salisbury, by Michael B. Pross , for plaintiff appellants.

Teague Campbell Dennis & Gorham, L.L.P., by Bruce A. Hamilton , Tracey L. Jones , Raleigh, and Leslie P. Lasher , for defendant appellee.

McCULLOUGH, Judge.

Plaintiffs appeal from an opinion and award by the North Carolina Industrial Commission denying plaintiffs' claim as untimely under N.C. Gen.Stat. § 97-38. We affirm.

I. Background

Dennis H. Barber, Sr. ("Barber") was employed by Weyerhaeuser Company ("defendant") at its Plymouth, North Carolina, facility from 1953 to 1974. On 30 May 1997, Barber was diagnosed with asbestosis, and on 28 April 1998, Barber was diagnosed...

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