Perdue v. Daniel International, Inc.

VAUGHN, Judge.

Plaintiffs first argument is that the Industrial Commission was wrong in dismissing his claim due to lack of jurisdiction. G.S. 97-24(a) provides: “The right to compensation under this Article shall be forever barred unless a claim be [sic] filed with the Industrial Commission within two years after the accident.” The requirement of filing a claim within two years of the accident is not a statute of limitation, but a condition precedent to the right to compensation. Barham v. Kayser-Roth Hosiery Co., Inc., 15 N.C. App. 519, 190 S.E. 2d 306 (1972).

Plaintiff contends that filing…