Dowdy v. Fieldcrest Mills, Inc.

MITCHELL, Justice.

The primary issues presented by this case are whether the plaintiff filed his claim within the time prescribed by G.S. 97-58 and whether the defendant is equitably estopped from raising the plaintiff’s failure to file a timely claim as a defense. We hold that the plaintiff’s claim was not timely filed and that the defendant may raise this fact as a defense.

The defendant assigns as error the entry of the order and award for the plaintiff by the Industrial Commission. In support of this assignment, the defendant contends that the Industrial Commission was without authority to…