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WILLIS v. J. M. DAVIS INDUSTRIES, INC.

No. 7131C741.

185 S.E.2d 28 (1971)

13 N.C. App. 101

Irvin WILLIS, Employee, Plaintiff, v. J. M. DAVIS INDUSTRIES, INC., Employer, Fidelity & Casualty Company of New York, Carrier, Defendants.

Court of Appeals of North Carolina.

December 15, 1971.

Attorney(s) appearing for the Case

Wheatly & Mason by L. Patten Mason, Beaufort, for plaintiff appellant.

Teague, Johnson, Patterson, Dilthey & Clay, by Grady S. Patterson, Jr., Raleigh, for defendant appellee.

HEDRICK, Judge.

This appeal presents two questions: (1) Are the defendants estopped to plead the lapse of time as a bar to plaintiff's claim for additional compensation? (2) Did the Commission make findings of fact determinative of all the questions at issue in this proceeding?

G.S. § 97-47 will bar a claim for additional compensation if not made within twelve months of the date of the last payment of compensation, unless the defendants are estopped to...

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