Coffey v. Weyerhaeuser Co.

McCullough, Judge.

Plaintiffs appeal from an opinion and award by the North Carolina Industrial Commission denying plaintiffs’ claim as untimely under N.C. Gen. Stat. § 97-38. We affirm.

I. Background

Dennis H. Barber, Sr. (“Barber”) was employed by Weyerhaeuser Company (“defendant”) at its Plymouth, North Carolina, facility from 1953 to 1974. On 30 May 1997, Barber was diagnosed with asbestosis, and on 28 April 1998, Barber was diagnosed with asbestos-related laryngeal cancer.

Barber filed a workers’ compensation claim, and on 27 October 1999, Barber and defendant reached an Agreement of…