Becker v. Iredell County

The Deputy Commissioner denied defendant's motion to dismiss plaintiff's claim pursuant to Rule 12(b)(1), (2) and (6) of the North Carolina Rules of Civil Procedure and N.C. Gen. Stat. § 143-299, the statute of limitations for State Tort Claims Act suits. Commissioner Bernadine S. Ballance held that "defendant's challenge to the jurisdiction of the Industrial Commission is immediately appealable", and ordered the matter set on the Full Commission docket. See, accord, SouthernFurniture Company v. N.C. Dept. of Transportation, 122 N.C. App. 113,115, 468 S.E.2d 523 (1996).

Upon review of the…