§97‑24. Right to compensation barred after two years; destruction ofrecords.
(a) The right tocompensation under this Article shall be forever barred unless (i) a claim ormemorandum of agreement as provided in G.S. 97‑82 is filed with theCommission or the employee is paid compensation as provided under this Articlewithin two years after the accident or (ii) a claim or memorandum of agreementas provided in G.S. 97‑82 is filed with the Commission within two yearsafter the last payment of medical compensation when no other compensation hasbeen paid and when the employer's liability has not otherwise been establishedunder this Article. The provisions of this subsection shall not limit the timeotherwise allowed for the filing of a claim for compensation for occupationaldisease in G.S. 97‑58, but in no event shall the time for filing a claimfor compensation for occupational disease be less than the times providedherein for filing a claim for an injury by accident.
(b) If any claim forcompensation is hereafter made upon the theory that such claim or the injuryupon which said claim is based is within the jurisdiction of the IndustrialCommission under the provisions of this Article, and if the Commission, or theappellate courts on appeal, shall adjudge that such claim is not within theArticle, the claimant, or if he dies, his personal representative, shall haveone year after the rendition of a final judgment in the case within which tocommence an action at law.
(c) When all claims andreports required by this Article have been filed, and the cases and records ofwhich they are a part have been closed by proper reports, receipts, awards ororders, these records, may after five years in the discretion of theCommission, with and by the authorization and approval of the Department ofCultural Resources, be destroyed by burning or otherwise. (1929,c. 120, s. 24; 1933, c. 449, s. 2; 1945, c. 766; 1955, c. 1026, s. 12; 1973, c.476, s. 48; c. 1060, s. 1; 1991, c. 703, s. 8; 1993 (Reg. Sess., 1994), c. 679,s. 3.4.)
§97‑24. Right to compensation barred after two years; destruction ofrecords.
(a) The right tocompensation under this Article shall be forever barred unless (i) a claim ormemorandum of agreement as provided in G.S. 97‑82 is filed with theCommission or the employee is paid compensation as provided under this Articlewithin two years after the accident or (ii) a claim or memorandum of agreementas provided in G.S. 97‑82 is filed with the Commission within two yearsafter the last payment of medical compensation when no other compensation hasbeen paid and when the employer's liability has not otherwise been establishedunder this Article. The provisions of this subsection shall not limit the timeotherwise allowed for the filing of a claim for compensation for occupationaldisease in G.S. 97‑58, but in no event shall the time for filing a claimfor compensation for occupational disease be less than the times providedherein for filing a claim for an injury by accident.
(b) If any claim forcompensation is hereafter made upon the theory that such claim or the injuryupon which said claim is based is within the jurisdiction of the IndustrialCommission under the provisions of this Article, and if the Commission, or theappellate courts on appeal, shall adjudge that such claim is not within theArticle, the claimant, or if he dies, his personal representative, shall haveone year after the rendition of a final judgment in the case within which tocommence an action at law.
(c) When all claims andreports required by this Article have been filed, and the cases and records ofwhich they are a part have been closed by proper reports, receipts, awards ororders, these records, may after five years in the discretion of theCommission, with and by the authorization and approval of the Department ofCultural Resources, be destroyed by burning or otherwise. (1929,c. 120, s. 24; 1933, c. 449, s. 2; 1945, c. 766; 1955, c. 1026, s. 12; 1973, c.476, s. 48; c. 1060, s. 1; 1991, c. 703, s. 8; 1993 (Reg. Sess., 1994), c. 679,s. 3.4.)
§97‑24. Right to compensation barred after two years; destruction ofrecords.
(a) The right tocompensation under this Article shall be forever barred unless (i) a claim ormemorandum of agreement as provided in G.S. 97‑82 is filed with theCommission or the employee is paid compensation as provided under this Articlewithin two years after the accident or (ii) a claim or memorandum of agreementas provided in G.S. 97‑82 is filed with the Commission within two yearsafter the last payment of medical compensation when no other compensation hasbeen paid and when the employer's liability has not otherwise been establishedunder this Article. The provisions of this subsection shall not limit the timeotherwise allowed for the filing of a claim for compensation for occupationaldisease in G.S. 97‑58, but in no event shall the time for filing a claimfor compensation for occupational disease be less than the times providedherein for filing a claim for an injury by accident.
(b) If any claim forcompensation is hereafter made upon the theory that such claim or the injuryupon which said claim is based is within the jurisdiction of the IndustrialCommission under the provisions of this Article, and if the Commission, or theappellate courts on appeal, shall adjudge that such claim is not within theArticle, the claimant, or if he dies, his personal representative, shall haveone year after the rendition of a final judgment in the case within which tocommence an action at law.
(c) When all claims andreports required by this Article have been filed, and the cases and records ofwhich they are a part have been closed by proper reports, receipts, awards ororders, these records, may after five years in the discretion of theCommission, with and by the authorization and approval of the Department ofCultural Resources, be destroyed by burning or otherwise. (1929,c. 120, s. 24; 1933, c. 449, s. 2; 1945, c. 766; 1955, c. 1026, s. 12; 1973, c.476, s. 48; c. 1060, s. 1; 1991, c. 703, s. 8; 1993 (Reg. Sess., 1994), c. 679,s. 3.4.)
