Montgomery v. Horneytown Fire Department

Pee Cukiam.

G.S. 97-24 provides in pertinent part: “(a) The right to compensation under this article shall be forever barred unless a claim be filed with the Industrial Commission within two years after the accident, and if death results from the accident, unless a claim be filed with the Commission within one year thereafter.”

This Court has held the requirement that a claim be filed in accord with the provisions of the above statute constitutes “a condition precedent to the right to compensation, and is not a statute of limitations.” Lineberry v. Mebane, 218 N.C. 737, 12 S.E. 2d 252; Whitted…