Legal Opinion

Spivey v. Oakley's General Contractors

Court of Appeals of North Carolina

Decided March 2, 1977No. 769IC656PublishedCited by 11 opinions

1Opinion of the Court

VAUGHN, Judge.

The sole question is whether, after the employer has settled with the employee, the North Carolina Industrial Commission has jurisdiction to determine whether a policy of compensation insurance has been properly cancelled.

All questions arising under Article 1 of the North Carolina Workmen’s Compensation Act shall, except as otherwise provided by the act, be determined by the Commission. G.S. 97-91. A section of that article, G.S. 97-99, regulates the cancellation of policies issued under the article.

There can be little doubt that, prior to the time the employer settled with the…

2Cases cited4 opinions

  1. Greene v. SpiveySupreme Court of North Carolina · 1952
  2. Moore v. Adams Electric CompanySupreme Court of North Carolina · 1965
  3. Clark v. GASTONIA ICE CREAM COMPANYSupreme Court of North Carolina · 1964
  4. Wake County Hospital System, Inc. v. North Carolina Industrial CommissionCourt of Appeals of North Carolina · 1970

3Cited by11 opinions

  1. Travelers Insurance v. Hawaii Roofing, Inc.Hawaii Supreme Court · 1982
  2. North Carolina Chiropractic Ass'n v. Aetna Casualty & Surety Co.Court of Appeals of North Carolina · 1988
  3. Buchanan v. Mitchell CountyCourt of Appeals of North Carolina · 1978
  4. Builders Insurance Group, Inc. v. Ker-Wil Enterprises Inc.Court of Appeals of Georgia · 2005
  5. Temporary Staffing, Inc. v. J.J. Haines & Co.Court of Appeals of Maryland · 2001

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