Lentz v. Phil's Toy Store

BRYANT, Judge.

Where the North Carolina Industrial Commission had subject matter jurisdiction over plaintiff’s workers’ compensation claim, and where *417plaintiff failed to prosecute his claim, we affirm the Commission’s dismissal of plaintiff’s claim with prejudice.

Facts and Procedural History

This claim arose on or about 18 September 2006, when Joseph Lentz (“plaintiff’) filed a Form 18 with the North Carolina Industrial Commission requesting workers’ compensation, alleging an occupational disease due to exposure during his employment to the chemical toluene. Plaintiff alleged that the last date…