(a) The right to compensation under this Article shall be forever barred unless (i)
a claim or memorandum of agreement as provided in G.S. 97-82 is filed with the Commission or the employee is paid compensation as provided under
this Article within two years after the accident or (ii) a claim or memorandum of
agreement as provided in G.S. 97-82 is filed with the Commission within two years after the last payment of medical compensation
when no other compensation has been paid and when the employer's liability has not
otherwise been established under this Article. The provisions of this subsection shall not limit the time otherwise allowed for
the filing of a claim for compensation for occupational disease in G.S. 97-58, but in no event shall the time for filing a claim for compensation for occupational
disease be less than the times provided herein for filing a claim for an injury by
(b) If any claim for compensation is hereafter made upon the theory that such claim
or the injury upon which said claim is based is within the jurisdiction of the Industrial
Commission under the provisions of this Article, and if the Commission, or the appellate
courts on appeal, shall adjudge that such claim is not within the Article, the claimant,
or if he dies, his personal representative, shall have one year after the rendition
of a final judgment in the case within which to commence an action at law.
(c) When all claims and reports required by this Article have been filed, and the
cases and records of which they are a part have been closed by proper reports, receipts,
awards or orders, these records, may after five years in the discretion of the Commission,
with and by the authorization and approval of the Department of Natural and Cultural
Resources, be destroyed by burning or otherwise.
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