Gore v. Myrtle/Mueller

TIMMONS-GOODSON, Justice.

This case arises from proceedings before the North Carolina Industrial Commission (“Commission”) and raises the two issues of (1) whether a party may be equitably estopped, in the absence of bad faith, from raising the two year filing requirement in N.C.G.S § 97-24 as an affirmative defense, and (2) whether the Commission’s Opinion and Award is supported by competent evidence. We granted discretionary review under N.C.G.S. § 7A-31. and now answer both questions in the affirmative. The decision of the Court of Appeals is reversed.

Factual Background

Evidence before the…