Lee v. Rose's 5-10-25c Stores
Cases that cite this one
8 later published cases cite this decision.
- Smith v. Mecklenburg County Chapter American Red Cross (N.C. 1956)
- Pratt v. Central Upholstery Co. (N.C. 1960)
- Paris v. Carolina Builders Corporation (N.C. 1956)
- Tucker v. Lowdermilk (N.C. 1951)
- Wallace v. Campbell Limestone Co. (S.C. 1941)
- Knight v. Ford Body Co. (N.C. 1938)
- Watkins v. Central Motor Lines, Inc. (N.C. 1971)
- Ammons v. Z. A. Sneeden's Sons, Inc. (N.C. 1962)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.