Burton v. Southern Ice Company, Inc.

Plaintiff did not file a claim or request a hearing, in those terms, within the two year period following the injury, as required by statute. N.C.G.S. § 97-24(a). Before the Full Commission, plaintiff argues that his hearing counsel complied with this statute by sending copies of correspondence with plaintiff's physicians and the defendant-carrier's adjustor to the Commission. The Court of Appeals has held that, "There are circumstances where an informal letter may serve as the filing of a claim for compensation."

One such instance occurred in the case of Cross v. Fieldcrest v. Mills, 19 N.C.…