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Home / Courts / Workers’ Compensation – Average Weekly Wage – Asbestosis – G.S. § 97-2(5) – G.S. § 97-54 (access required)

Workers’ Compensation – Average Weekly Wage – Asbestosis – G.S. § 97-2(5) – G.S. § 97-54 (access required)

Pope v. Johns Manville. The commission should use one of the first four methods for calculating the claimant's average weekly wage set out G.S. § 97-2(5) unless it makes sufficient findings and conclusions to allow use of the fifth method set out in that statutory provision. We remand to the commission for reconsideration of the amount of weekly disability benefits to which the claimant is entitled, with instructions that the commission should reconsider the method of calculating the average weekly wage to be utilized in determining the claimant's weekly disability benefit payment and make any findings and conclusions that are necessary for the implementation of the calculation method that it ultimately deems appropriate.

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