Wray v. Carolina Cotton & Woolen Mills Co.

• Decision Date: 24 January 1934
• Docket Number: 558.
• Parties: WRAY et al. v. CAROLINA COTTON & WOOLEN MILLS CO. et al.
• Court: North Carolina Supreme Court

172 S.E. 487

205 N.C. 782

WRAY et al. v. CAROLINA COTTON & WOOLEN MILLS CO. et al.

No. 558.

Supreme Court of North Carolina

January 24, 1934

Appeal from Superior Court, Rockingham County; Moore, Special Judge.

Proceeding under the Workmen's Compensation Act by Mrs. Henrietta Matthews Wray, and Ruby Wray, for the death of William J Matthews, son and brother, claimants, opposed by the Carolina Cotton & Woolen Mills Company, employer, and the Ætna Life Insurance Company, insurer. From an order of the Industrial Commission granting an award to claimants, the employer and insurer appeal.

Affirmed.

Supreme Court will sustain findings of fact made by Industrial Commission if there is sufficient evidence to support findings.

This is a proceeding under the North Carolina Workmen's Compensation Act (Pub. Laws 1929, c. 120). William J Matthews, an employee of the Carolina Cotton & Woolen Mills was injured about 9 p. m. on November 28, 1930. While engaged in running a slashing machine, he pulled a lever which was supported by a chain; the chain broke, and the lever fell on his left leg and injured it two or three inches above the knee. His leg was amputated. There was evidence that his death resulted from the accident.

The Industrial Commission was first notified of the injury on April 12, 1932. The case was heard by one member of the commission on July 25, 1932, and was dismissed on August 15, 1932, for the reason that the claim had not been filed with the commission within one year after the accident. Workmen's Compensation Act, § 24. The claimant appealed, but died before the appeal could be heard by the commission.

His death occurred on August 24, 1932, and on September 8, 1932, his dependent mother, Mrs. Henrietta Matthews Wray, filed with the Industrial Commission her claim for compensation, and requested a further hearing to determine the question of dependency. He left surviving him his mother and sister as his dependents.

This claim was heard by one member of the commission, who allowed the dependents compensation, and upon appeal to the full commission the award was approved. Appeal was then taken to the superior court, and the findings of fact, conclusions of law, and the award of the full commission were adopted by the court and in all respects affirmed. The respondents excepted and appealed.

King & King, of Greensboro, for appellants.

H. L. Fagge, B. W. Walker, and James B. Fagge, Jr., all of Leakesville, for appellees.

ADAMS Justice.

The amendment of section 24 of the Workmen's Compensation Act was ratified on May 12, 1933, and the opinion of the Industrial Commission was filed on March 7, 1933. At the latter date section 24 read as follows: "The right to compensation under this act shall be forever barred unless a claim be filed with the Industrial Commission within one year after the accident, and if death results from the accident, unless a claim be filed with the Commission within one year thereafter." Pub. Laws 1929, c. 120, § 24.

William J. Matthews, the employee, was injured on November 28, 1930 and filed his claim with the Industrial Commission on April 12, 1932. The claim, therefore, was not filed "within one year after the accident," and for this reason it was dismissed. The limitation of time prescribed by the statute is mandatory and must be observed. 2 Schneider, Workmen's Compensation Law...