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GRAGG v. W. M. HARRIS & SON

No. 8110IC233.

284 S.E.2d 183 (1981)

Charles GRAGG, Employee-Plaintiff, v. W. M. HARRIS & SON, Employer, Insurance Company of North America, Carrier Defendants.

Court of Appeals of North Carolina.

November 17, 1981.

Attorney(s) appearing for the Case

Williams, Willeford, Boger, Grady & Davis by Samuel F. Davis, Jr., Concord, for employee-plaintiff.

Brown, Brown & Brown by Fred Stokes, Albemarle, for defendants.

WELLS, Judge.

The issue we decide in this appeal is whether the insurance carrier waived the time limitation defense of G.S. 97-471 by not raising it until after the first evidentiary hearing on plaintiff's claim.

In reviewing an award of the Industrial Commission, this Court's scope of review is limited to: (1) whether the Commissioner's findings are supported by any competent evidence, and (2) whether the Commissioner's findings...

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