Legal Opinion

Dawkins v. Mills

Court of Appeals of North Carolina

Decided May 21, 1985No. 8010IC606Published

1Opinion of the Court

BECTON, Judge.

The sole issue on this appeal is whether plaintiff filed her workers’ compensation claim within the time prescribed by G.S. sec. 97-58. G.S. sec. 97-58(c) states in part:

The right to compensation for occupational disease shall be barred unless a claim be filed with the Industrial Commission within two years after death, disability, or disablement as the case may be.

The two-year statute of limitations under G.S. sec. 97-58(c) for filing claims with the Industrial Commission is a condition precedent with which a claimant must comply in order to confer jurisdiction on the…

2Cases cited4 opinions

  1. Taylor v. J. P. Stevens & Co.Supreme Court of North Carolina · 1980
  2. Dowdy v. Fieldcrest Mills, Inc.Supreme Court of North Carolina · 1983
  3. Poythress v. JP Stevens and Co., Inc.Court of Appeals of North Carolina · 1981
  4. McKee v. Crescent Spinning Co.Court of Appeals of North Carolina · 1981

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