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[T] Echols v. Granville Medical Management

6/17/2003

iled to give employer the statutorily required notice regarding plaintiff's alleged work- related injury and that plaintiff lacked a reasonable excuse for failing to give such notice. This evidence is sufficient to support the Industrial Commission's finding of fact.


The Industrial Commission's finding of fact that plaintiff did not allege her condition was work-related until a year after the automobile collision is supported by competent evidence and is therefore conclusive on appeal. Adams, 349 N.C. at 681, 509 S.E.2d at 414. This finding of fact is sufficient to support the Industrial Commission's conclusion of law that plaintiff failed to give proper notice under the statute and lacked a reasonable excuse for failing to give such notice. This assignment of error is without merit.


Since we hold that the Industrial Commission did not err in denying plaintiff's workers' compensation claim by finding that plaintiff failed to give proper notice under the statute, we need not address plaintiff's remaining arguments. Affirmed.


Judges TYSON and CALABRIA concur.


Report per Rule 30(e).




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