timely filing claim in North Carolina

2006"A consequence of finding the timely filing of a claim to be a condition precedent is that the failure to do so becomes a jurisdictional bar to the right to receive compensation." Id. (citing McCrater v. Stone & Webster Eng'g Corp., 248 N.C. 707, 709 , 104 S.E.2d 858, 860 (1958)).

1991G.S. § 97-24; see also Montgomery v. Horneytown Fire Dept., 265 N.C. 553 , 144 S.E.2d 586 (1965).

2022It is never dependent upon the conduct of the parties.” In re T.R.P., 360 N.C. 588, 595 , 636 S.E.2d 787, 793 (2006) (quoting Feldman v. Feldman, 236 N.C. 731, 734 , 73 S.E.2d 865, 867 (1953)).

2022It is never dependent upon the conduct of the parties.” In re T.R.P., 360 N.C. 588, 595 , 636 S.E.2d 787, 793 (2006) (quoting Feldman v. Feldman, 236 N.C. 731, 734 , 73 S.E.2d 865, 867 (1953)).

2022Plaintiff, in turn, argues the Court of Appeals correctly held that a finding on compliance with N.C.G.S. § 97-24 is a jurisdictional fact and Gore provides no support for defendants’ position. ¶ 21 In Biddix v. Rex Mills, 237 N.C. 660 (1953), this Court described the role of N.C.G.S. § 97-24’s timely-filing requirement in giving rise to the jurisdiction of the Commission: The underlying spirit and purpose of the [Workers’ Compensation] Act is to encourage and promote the amicable adjustment of claims and to provide a ready means of determining liability under the Act when the parties themselv

2022The law of estoppel applies in compensation proceedings as in all other cases.” Id. at 665.

2022See Richards v. Nationwide Homes, 263 N.C. 295 , 303–04 (1965) (“When a [party] challenges the jurisdiction of the Industrial Commission, the findings of fact made by the Commission, on which its jurisdiction is dependent, are not conclusive on the superior 2 Although defendants in their notice of appeal framed their first issue generally as the Court of Appeals “reweighing” the evidence, in their brief they only argue that findings regarding the timely-filing requirement are not “jurisdictional facts” and, accordingly, are subject to a competent-evidence standard of review.

2022See Richards v. Nationwide Homes, 263 N.C. 295 , 303–04 (1965) (“When a [party] challenges the jurisdiction of the Industrial Commission, the findings of fact made by the Commission, on which its jurisdiction is dependent, are not conclusive on the superior 2 Although defendants in their notice of appeal framed their first issue generally as the Court of Appeals “reweighing” the evidence, in their brief they only argue that findings regarding the timely-filing requirement are not “jurisdictional facts” and, accordingly, are subject to a competent-evidence standard of review.

2022THE GOODYEAR TIRE & RUBBER CO. 2022-NCSC-46 Opinion of the Court below.2 We disagree. ¶ 19 Under our precedents, we ordinarily review an order of the Full Commission to determine “whether any competent evidence supports the Commission’s findings of fact and whether the findings of fact support the Commission’s conclusions of law.” Medlin v. Weaver Const., LLC, 367 N.C. 414, 423 (2014) (quoting Deese v. Champion Int’l Corp., 352 N.C. 109, 116 (2000)).

2022THE GOODYEAR TIRE & RUBBER CO. 2022-NCSC-46 Opinion of the Court below.2 We disagree. ¶ 19 Under our precedents, we ordinarily review an order of the Full Commission to determine “whether any competent evidence supports the Commission’s findings of fact and whether the findings of fact support the Commission’s conclusions of law.” Medlin v. Weaver Const., LLC, 367 N.C. 414, 423 (2014) (quoting Deese v. Champion Int’l Corp., 352 N.C. 109, 116 (2000)).

2022It is never dependent upon the conduct of the parties.” In re T.R.P., 360 N.C. 588, 595 , 636 S.E.2d 787, 793 (2006) (quoting Feldman v. Feldman, 236 N.C. 731, 734 , 73 S.E.2d 865, 867 (1953)).

2022It is never dependent upon the conduct of the parties.” In re T.R.P., 360 N.C. 588, 595 , 636 S.E.2d 787, 793 (2006) (quoting Feldman v. Feldman, 236 N.C. 731, 734 , 73 S.E.2d 865, 867 (1953)).

2022See Hart v. Thomasville Motors, Inc., 244 N.C. 84, 88 , 92 S.E.2d 673, 676 (1956) (“Jurisdiction [of the Industrial Commission] cannot be obtained by consent of the parties, waiver, or estoppel.”).

2022See Hart v. Thomasville Motors, Inc., 244 N.C. 84, 88 , 92 S.E.2d 673, 676 (1956) (“Jurisdiction [of the Industrial Commission] cannot be obtained by consent of the parties, waiver, or estoppel.”).

2022THE GOODYEAR TIRE & RUBBER CO. 2022-NCSC-46 Opinion of the Court below.2 We disagree. ¶ 19 Under our precedents, we ordinarily review an order of the Full Commission to determine “whether any competent evidence supports the Commission’s findings of fact and whether the findings of fact support the Commission’s conclusions of law.” Medlin v. Weaver Const., LLC, 367 N.C. 414, 423 (2014) (quoting Deese v. Champion Int’l Corp., 352 N.C. 109, 116 (2000)).

2022THE GOODYEAR TIRE & RUBBER CO. 2022-NCSC-46 Opinion of the Court below.2 We disagree. ¶ 19 Under our precedents, we ordinarily review an order of the Full Commission to determine “whether any competent evidence supports the Commission’s findings of fact and whether the findings of fact support the Commission’s conclusions of law.” Medlin v. Weaver Const., LLC, 367 N.C. 414, 423 (2014) (quoting Deese v. Champion Int’l Corp., 352 N.C. 109, 116 (2000)).

2006"A consequence of finding the timely filing of a claim to be a condition precedent is that the failure to do so becomes a jurisdictional bar to the right to receive compensation." Id. (citing McCrater v. Stone & Webster Eng'g Corp., 248 N.C. 707, 709 , 104 S.E.2d 858, 860 (1958)).

2006"A consequence of finding the timely filing of a claim to be a condition precedent is that the failure to do so becomes a jurisdictional bar to the right to receive compensation." Id. (citing McCrater v. Stone & Webster Eng'g Corp., 248 N.C. 707, 709 , 104 S.E.2d 858, 860 (1958)).