McGinnis v. Old Fort Finishing Plant

Plaintiff, appellant, in brief filed states this as the questions involved on this appeal: “Did defendants, by their conduct, waive the provisions of G.S. 97-47 as a defense to plaintiff’s claim for compensation, and are said defendants now estopped to plead said statute in bar of plaintiff’s right to recover herein.”

In this connection the North Carolina Industrial Commission has authority under G.S. 97-80 to make rules, not inconsistent with Article One of the Workmen’s Compensation Act, for carrying out the provisions thereof. Pursuant thereto the Commission has adopt ed a rule…