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

171 S.E. 87, 205 N.C. 310, 1933 N.C. LEXIS 540

• Court: Supreme Court of North Carolina
• Decided: October 11, 1933
• Status: Published

Opinion

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 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.