Industrial Commission over claim (North Carolina) · Go Syfert
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Industrial Commission over claim in North Carolina

9 North Carolina opinions name it 3 courts 1981–2010 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Meyer v. Wallsgreen
nc · 1997 · cited in 3 North Carolina opinions naming this issue, 2006–2008
2 sentences

2008Stat. § 143-291 (a) (2007) (“The North Carolina Industrial Commission is hereby constituted a court for the purpose of hearing and passing upon tort claims against the State Board of Education, the Board of Transportation, and all other departments, institutions and agencies of the State.”); Meyer, 347 N.C. at 105 , 489 S.E.2d at 884 (“[T]he Tort Claims Act does not confer jurisdiction in the Industrial Commission over a claim against an employee of a state agency.”).

2008Stat. § 143-291 (a) (2007) (“The North Carolina Industrial Commission is hereby constituted a court for the purpose of hearing and passing upon tort claims against the State Board of Education, the Board of Transportation, and all other departments, institutions and agencies of the State.”); Meyer, 347 N.C. at 105 , 489 S.E.2d at 884 (“[T]he Tort Claims Act does not confer jurisdiction in the Industrial Commission over a claim against an employee of a state agency.”).

23
Wirth v. Braceygreen
nc · 1963 · cited in 2 North Carolina opinions naming this issue, 1997–2009
2 sentences

2009Wirth v. Bracey , 258 N.C. 505 , 128 S.E.2d 810 (1963).

2009Wirth v. Bracey , 258 N.C. 505 , 128 S.E.2d 810 (1963).

12
Hart v. Thomasville Motors, Inc.green
nc · 1956 · cited in 1 North Carolina opinions naming this issue, 2007–2007
2 sentences

2007Filing of the claim is a condition precedent to jurisdiction of the Industrial Commission over the claim; thus, jurisdiction over the claim "cannot be obtained by consent of the parties, waiver, or estoppel." Hart v. Thomasville Motors, Inc., 244 N.C. 84, 88 , 92 S.E.2d 673, 676 (1956) (citations omitted).

2007Filing of the claim is a condition precedent to jurisdiction of the Industrial Commission over the claim; thus, jurisdiction over the claim "cannot be obtained by consent of the parties, waiver, or estoppel." Hart v. Thomasville Motors, Inc., 244 N.C. 84, 88 , 92 S.E.2d 673, 676 (1956) (citations omitted).

11
Turner Ex Rel. Turner v. Gastonia City Board of Educationgreen
nc · 1959 · cited in 1 North Carolina opinions naming this issue, 1997–1997
2 sentences

1997See Turner v. Gastonia City Bd. of Educ., 250 N.C. 456 , 109 S.E.2d 211 (1959).

1997See Turner v. Gastonia City Bd. of Educ., 250 N.C. 456 , 109 S.E.2d 211 (1959).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Chadwick v. North Carolina Department of Conservation & Development green
nc · 1941
2 sentences

1982The Chadwick court ruled that evidence showing a defendant had in his employ five or more employees “must affirmatively appear” in the record to sustain the jurisdiction of the Industrial Commission over the claim. 1 Id. at 767 , 14 S.E. 2d at 843 .

1982The Chadwick court ruled that evidence showing a defendant had in his employ five or more employees “must affirmatively appear” in the record to sustain the jurisdiction of the Industrial Commission over the claim. 1 Id. at 767 , 14 S.E. 2d at 843 .

21982–2010
Durham v. McLamb green
ncctapp · 1982
2 sentences

2010Moreover, “evidence showing a defendant had in his employ [three] or more employees ‘must affirma *195 tively appear’ in the record to sustain the jurisdiction of the Industrial Commission over the claim.” Durham, 59 N.C.

2010App. at 170 , 296 S.E.2d at 6 (quoting Chadwick, 219 N.C. at 767 , 14 S.E.2d at 843 ).

12010–2010
Pennington v. Flame Refractories, Inc. green
ncctapp · 1981
1 sentence

1981Pennington v. Flame Refractories, Inc., 53 N.C.

11981–1981

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 143-291 (4) NC § N.C. Gen. Stat. § 97-2 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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