NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 1167

SENATE BILL 199

 

 

AN ACT TO HEAR AND DETERMINE ON ITS MERITS THE CLAIM OF CLIFFORD JOHN TOLIVER.

 

WHEREAS, Clifford John Toliver, Superintendent of the Prison Camp located in Alleghany County, was seriously injured in the line of duty while making an effort to apprehend escaped prisoners in McDowell County on May 20, 1955; and

WHEREAS, the injury to the back of the said Clifford John Toliver is of a serious and permanent nature but was not discovered to be a permanent injury until after the time for filing claim with the Industrial Commission had expired, and the State Highway and Public Works Commission paid only his hospital and medical bills as a result of said injury; and

WHEREAS, claim was filed with the Industrial Commission after the expiration of the time provided for the filing of said claim, and for that reason was dismissed by said Commission; and

WHEREAS, the said Clifford John Toliver has been a faithful and loyal employee of the State since September 1, 1949; Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1. That the North Carolina Industrial Commission is authorized and directed to hear and determine the above-described claim of the said Clifford John Toliver on its merits; the provision of the statute limiting the time in which an action for said claim should have been filed shall not be pleaded in bar of recovery by the said Clifford John Toliver on said claim; and whenever such claim is filed, it shall be treated as valid in every respect in the same manner and to the same extent as if such claim had been filed within the time prescribed by the general law for the filing of such claims, and as if G. S. 27-24 had been fully complied with.

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3. This Act shall be in full force and effect on and after its ratification.

In the General Assembly read three times and ratified, this the 19th day of June, 1959.