Jones v. Beaunit Corp.

WHICHARD, Judge.

On 19 June 1984 this Court filed an unpublished opinion remanding this case to the Industrial Commission for express determination of defendants’ oral motion which pled the provisions of G.S. 97-58 in bar of this claim. We noted that the motion raised a jurisdictional question, the two-year time limit for filing claims under G.S. 97-58(c) being a condition precedent to jurisdiction of the Industrial Commission to hear the claim. Poythress v. J. P. Stevens, 54 N.C. App. 376, 382, 283 S.E. 2d 573, 577 (1981), disc. rev. denied, 305 N.C. 153, 289 S.E. 2d 380 (1982). We further…