RAINEY v. CITY OF CHARLOTTE

No. COA15-953.

785 S.E.2d 766 (2016)

Ervin RAINEY, Employee, Plaintiff, v. CITY OF CHARLOTTE, Employer, and Self-Insured, Carrier, Defendants.

Court of Appeals of North Carolina.

May 17, 2016.


Attorney(s) appearing for the Case

The Sumwalt Law Firm, Charlotte, by Vernon Sumwalt , for plaintiff-employee.

Jones, Hewson & Woolard, Charlotte, by Lawrence J. Goldman , for defendant-employer.


The North Carolina Industrial Commission dismissed plaintiff's claim for benefits for an occupational disease, concluding that plaintiff failed to timely file his claim pursuant to N.C. Gen.Stat. § 97-59(c). We affirm.

I. Background

Ervin Rainey (plaintiff) worked as an automotive mechanic assistant for the...

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