Gragg v. WM Harris & Son

WELLS, Judge.

The issue we decide in this appeal is whether the insurance carrier waived the time limitation defense of G.S. 97-47 1 by not raising it until after the first evidentiary hearing on plaintiffs claim.

In reviewing an award of the Industrial Commission, this Court’s scope of review is limited to: (1) whether the Commissioner’s findings are supported by any competent evidence, and (2) whether the Commissioner’s findings justify its legal conclusions. Perry v. Furniture Co., 296 N.C. 88, 249 S.E. 2d 397 (1978), Inscoe v. Industries, Inc., 292 N.C. 210, 232 S.E. 2d 449 (1977).

Plaintiffs…