Legal Opinion

Gantt v. Edmos Corp.

Court of Appeals of North Carolina

Decided March 16, 1982No. 8110IC492PublishedCited by 8 opinions

1Opinion of the Court

CLARK, Judge.

Plaintiff contends that her attorney’s letter of 20 January 1978 constituted the filing of a claim and compliance with G.S. 97-24 sufficient to vest jurisdiction of the 1976 accident in the Commission. G.S. 97-24(a) provides:

“The right to compensation under this Article shall be forever barred unless a claim be filed with the Industrial Commission within two years after the accident.”

There are instances where an informal letter may serve as the filing of a claim for compensation. Shuler v. Talon Div. of Textron, 30 N.C. App. 570, 227 S.E. 2d 627 (1976). One such instance occurred…

2Cases cited4 opinions

  1. Montgomery v. Horneytown Fire DepartmentSupreme Court of North Carolina · 1965
  2. Shuler v. Talon Division of TextronCourt of Appeals of North Carolina · 1976
  3. Cross v. Fieldcrest Mills, Inc.Court of Appeals of North Carolina · 1973
  4. Jacobs v. Safie Manufacturing Co.Supreme Court of North Carolina · 1948

3Cited by8 opinions

  1. Belfield v. Weyerhaeuser Co.Court of Appeals of North Carolina · 1985
  2. Reinhardt v. Women's Pavilion, Inc.Court of Appeals of North Carolina · 1991
  3. Reinhardt v. Women's Pavilion, Inc.Court of Appeals of North Carolina · 1991
  4. Tilly v. SprinklerCourt of Appeals of North Carolina · 2001
  5. Burton v. Southern Ice Company, Inc.North Carolina Industrial Commission · 1995

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