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LENTZ v. PHIL'S TOY STORE

No. COA12-1395.

747 S.E.2d 127 (2013)

Joseph LENTZ, Plaintiff, v. PHIL'S TOY STORE and Utica National Insurance, Defendants.

Court of Appeals of North Carolina.

August 6, 2013.

Attorney(s) appearing for the Case

Charles D. Mast , Smithfield, for plaintiff-appellant.

Hedrick Gardner Kincheloe & Garofalo, LLP, by Kari A. Lee , Matthew J. Carrier , Wilmington, & M. Duane Jones , Charlotte, for defendant-appellants.

BRYANT, Judge.

Where the North Carolina Industrial Commission had subject matter jurisdiction over plaintiff's workers' compensation claim, and where plaintiff failed to prosecute his claim, we affirm the Commission's dismissal of plaintiff's claim with prejudice.

Facts and Procedural History

This claim arose on or about 18 September 2006, when Joseph Lentz ("plaintiff") filed a Form 18 with the North Carolina Industrial Commission requesting...

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