Supreme Court of North Carolina

Cunningham v. Goodyear Tire & Rubber Co.

May 6, 2022

Summary

The court held that compliance with the Workers’ Compensation Act’s two-year filing requirement is a jurisdictional fact subject to de novo review, including independent review of the underlying facts. Applying that standard, it determined that treatment received in 2017 related to the 2014 injury, so the claim filed in May 2017 was timely. The court affirmed the Court of Appeals and remanded for consideration of the merits of the 2014 injury claim.