McCubbins v. Fieldcrest Mills, Inc.

PHILLIPS, Judge.

Defendant first contends that the record shows plaintiffs claim was not timely filed and that it was error for the Commission to vacate the Deputy Commissioner’s dismissal of the claim. This contention is without merit. G.S. 97-58(c) provides that “[t]he right to compensation for occupational disease shall be barred unless a claim be filed with the Industrial Commission within two years after death, disability, or disablement as the case may be.” Though the two year time limit for timely filing is a jurisdictional requisite, without which the Industrial Commission may not…