Crawford v. McLaurin Trucking Co.
Crawford v. McLaurin Trucking Co.
Opinion of the Court
The decision of the Industrial Commission is correct and we affirm it. Though G.S. 97-85 requires that appeal from an opinion and award of a Deputy Commissioner be taken within 15 days from the date a party is notified of the Deputy Commissioner’s opinion and award; this requirement is based on the presumption that the notice given was correct. G.S. 97-84 requires that when the Commission or one of its deputies determines a dispute before it that a copy of the opinion and award be sent to the parties; this necessarily means a true copy. Since the law permits appeals only from actual rather than supposed decisions, the incorrect notice of a decision that had not been made had no effect on plaintiffs right to appeal from the decision that was made.
Affirmed.
Reference
- Full Case Name
- SHIRLEY CRAWFORD, Widow, THEODORE CRAWFORD, Employee-Plaintiff v. McLAURIN TRUCKING COMPANY, Employer-Defendant, and SELF/ALEXSIS, INC., Carrier-Defendant
- Cited By
- 1 case
- Status
- Published