Martin v. Petroleum Tank Service

WELLS, Judge.

In their first assignment of error, defendants assert that the Full Commission erred in failing to find that plaintiffs claims are barred by G.S. § 97-58(a) and (c). Under G.S. § 97-58(c) “[t]he 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 . . . .” Defendants contend that plaintiff did not file his claim within two years of his disablement and that the Industrial Commission therefore was without jurisdiction to hear his suit. See Poythress v. J. P.…