Gregory v. W.A. Brown & Sons

NEWBY, Justice.

This case involves a claim under the Workers’ Compensation Act for disability and medical payments due to a workplace accident. Plaintiff-employee failed to give the employer written notice of the accident within thirty days after the accident’s occurrence as directed by N.C.G.S. § 97-22. The question presented is whether, in order for any compensation to be payable under such circumstances, *751the Industrial Commission must (1) conclude as a matter of law that the employer has not been prejudiced by the employee’s failure to provide timely written notice and (2) support that…