Bakerv.J. R. Lynch Sons, Inc.

North Carolina Industrial CommissionDec 1, 1999
I.C. No. 538746. (N.C. Ind. Comn. Dec. 1, 1999)

I.C. No. 538746.

Filed 21 December 1999.

This matter was reviewed by the Full Commission on 26 October 1998 upon the appeal of defendants J. R. Lynch Sons and Bituminous Insurance from the Opinion and Award by Deputy Commissioner George T. Glenn, II, filed 11 May 1998. Deputy Commissioner Glenn initially heard this matter on 25 March 1997.

APPEARANCES

Plaintiff: Ling Farran, Attorneys, Greensboro, North Carolina, Stephen D. Ling appearing.

Defendants: Hutchins Doughton Moore, Attorneys, Winston-Salem, North Carolina; Shannon L. Warf appearing on behalf of J. R. Lynch Sons and Liberty Mutual Insurance Company.

Teague Campbell Dennis Gorham, Attorneys, Raleigh, North Carolina; Dayle A. Flammia appearing on behalf of J. R. Lynch Sons and Bituminous Insurance.

Moreau Marks, Attorneys, Charlotte, North Carolina; W. Timothy Moreau, Counsel of Record; Daniel C. Marks appearing on behalf of J. R. Lynch Sons and The Maryland Insurance Group.

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The Full Commission has reviewed the prior Opinion and Award based upon the record of the proceedings before Deputy Commissioner George T. Glenn, II, and the briefs and arguments on appeal. Having reviewed the record herein, the Full Commission finds that this case cannot properly be decided until all necessary parties have been added.

Therefore, pursuant to its authority under G.S. § 97-85 and in the interest of justice:

IT IS HEREBY ORDERED that this case is REMANDED to a Deputy Commissioner for a hearing de novo;

ADDITIONALLY, the Full Commission finds that the Industrial Commission has jurisdiction over this claim and all necessary parties, the provisions of N.C. Gen. Stat § 97-24 being a condition precedent to the Commission having jurisdiction, not a true statute of limitations. Belfield v. Weyerhaeuser Co., 77 N.C. App. 332, 335 S.E.2d 44 (1985).

IT IS FURTHER ORDERED that employers Judy Jackson Grading, Benny Dell Grading, and Nello Teer, along with the appropriate workers compensation carriers and/or administrators, be deemed NECESSARY PARTIES and be ADDED as PARTY DEFENDANTS.

No additional costs are assessed at this time.

S/_____________ CHRISTOPHER SCOTT COMMISSIONER

CONCURRING:

S/_____________ BERNADINE S. BALLANCE COMMISSIONER

S/_____________ RENEE C. RIGGSBEE COMMISSIONER