Payne v. Cone Mills Corp.

HEDRICK, Judge.

The sole issue on this appeal is whether the plaintiff filed his claim within the statutory time period set out by N.C. Gen. Stat. § 97-58(b) and (c) which in pertinent part provides:(b) The report and notice to the employer as required by G.S. 97-22 shall apply in all cases of occupational disease except in cases of asbestosis, silicosis, or lead poisoning. The time of notice of an occupational disease shall run from the date that the employee has been advised by competent medical authority that he has same.(c) The right to compensation for occupational disease shall be barred…