Hogan v. Cone Mills Corp.

This is a workers’ compensation claim originally filed in 1976. The worker, now deceased, sought benefits, now pursued by his estate, for total disability allegedly caused by his long exposure to cotton dust while in the employ of Cone Mills. The Industrial Commission (Commission) originally dismissed the claim on procedural grounds but later invited Hogan to refile his claim, believing that certain new legislation entitled him to pursue the claim. See Hogan v. Cone Mills Corp., 315 N.C. 127, 337 S.E.2d 477 (1985), hereinafter Hogan I. Pursuant to this “invitation” Hogan filed his claim again…