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NIETO-ESPINOZA v. LOWDER CONSTRUCTION, INC.

No. COA12-1316.

748 S.E.2d 8 (2013)

Adan NIETO-ESPINOZA, Employee-Plaintiff, v. LOWDER CONSTRUCTION, INC., Employer, and Auto-Owners Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

August 20, 2013.

Attorney(s) appearing for the Case

Lanier Law Group, P.A., Durham, by Michael F. Roessler , for plaintiff-appellant.

McAngus Goudelock and Courie, by Daniel L. McCullough , Charlotte, for defendant-appellees.

BRYANT, Judge.

Where the Commission properly concluded plaintiff's failure to timely re-file his claim was not due to excusable neglect, and where we find no abuse of discretion in the Commission's decision to decline to waive the Rule 613 deadline to allow plaintiff to re-file his claim, we affirm the order of the Commission.

On 1 August 2007, Adan Nieto-Espinoza ("plaintiff") filed a Form 18 Notice of Accident...

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