Supreme Court of North Carolina, 1933

Lee v. Rose's 5-10-25c Stores

Lee v. Rose's 5-10-25c Stores
Supreme Court of North Carolina · Decided October 11, 1933 · Oueiam
171 S.E. 87; 205 N.C. 310; 1933 N.C. LEXIS 540 (South Eastern Reporter)

Lee v. Rose's 5-10-25c Stores

Opinion of the Court

Pee Oueiam.

The hearing commissioner found that “the plaintiff in tbis ease signed an agreement for compensation in 1930. Compensation was paid and tbe last payment was made on 19 July, 1930. Tbe plain *311 tiff claims to have notified tbe employer on 7 August, 1931, of tbe recurrence of tbe disability caused by tbe injury on 14 May, 1930. Tbe first notice of a recurrence of disability was filed witb tbe Industrial Commission on 2 May, 1932, or nearly two years after tbe final receipt was signed by tbe plaintiff.”

Section 46 of tbe Workmen’s Compensation Act, C. S., 8081 (bbb), provides tbat “no.review shall be made after twelve months from the date of tbe last payment of compensation pursuant to an award under this chapter.”

There was competent evidence to support tbe findings of tbe Industrial Commission tbat tbe last payment of compensation was made on 19 July, 1930. Tbe statute is plain and unambiguous, and no reason occurs why it should not be enforced according to the plain provisions.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.