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MARTIN v. PETROLEUM TANK SERVICE

No. 8310IC429.

309 S.E.2d 536 (1983)

Larry Joe MARTIN, Employee-Plaintiff, v. PETROLEUM TANK SERVICE, Employer, Liberty Mutual Insurance Company, Carrier-Defendant.

Court of Appeals of North Carolina.

December 20, 1983.

Attorney(s) appearing for the Case

Swofford, Poliakoff & Spears by Gary W. Poliakoff and Christ Christ, Spartanburg, S.C., for plaintiff.

Hedrick, Feerick, Eatman, Gardner & Kincheloe by Scott M. Stevenson, Charlotte, for defendants.

WELLS, Judge.

In their first assignment of error, defendants assert that the Full Commission erred in failing to find that plaintiff's claims are barred by G.S. § 97-58(a) and (c). Under G.S. § 97-58(c) "[t]he right to compensation for occupational disease shall be barred unless a claim be filed with the Industrial Commission within two years after death, disability, or disablement . . . ." Defendants contend that plaintiff did not file his claim within...

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