Beard v. Blumenthal Jewish Home

PHILLIPS, Judge.

None of the above stated facts are in dispute and the only question raised by this appeal is whether the Form 21 agreement referred to was a final award within the contemplation of G.S. 97-47. If it was, plaintiffs claim for further compensation is necessarily barred, as the Commission ruled, because it was not asserted until more than two years after the last payment for temporary total disability was received in 1980. In pertinent part G.S. 97-47 provides as follows:

[0]n the grounds of a change in condition, the Industrial Commission may review any award, and on such review…