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Tag Archives: Timeliness

Workers’ Compensation – Asbestosis Claim – Timeliness – Average Weekly Wage (access required)

Tyson v. H. K. Porter Co. The deputy commissioner found that plaintiff’s asbestosis claim was not timely filed, but the full Industrial Commission failed to mention the timeliness of the claim when it awarded benefits for asbestosis. We affirm the award of benefits for asbestos-related pleural disease and colon cancer. We reverse and remand for further findings with regard to the timeliness of the asbestosis claim and the correct average weekly wage.

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Civil Practice – Judgment Execution – Exemption Schedule – Notice – Objection – Timeliness (access required)

Stewart v. Hodge According to plaintiff's uncontested brief, defendant served his exemption schedule on plaintiff by mailing it on Jan. 8, 2010, giving plaintiff until Jan. 21, 2010 (the 10 days from G.S. § 1C-1603(e)(5) plus three days for the mail to be delivered) to object. Since the clerk issued a notice of hearing...

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Workers’ Compensation – Causation – Statute of Limitations – Notice – Timeliness – Credit (access required)

White v. Charles T. Hall Law Firm. (Lawyers Weekly No. 11-08-0317, 12 pp.) (Commissioner Bernadine S. Ballance) Appealed from Opinion & Award of Deputy Commissioner John B, DeLuca. I.C. No. 976386. Holding: Plaintiff showed that her upper extremity symptoms were ...

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