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Home / Courts / Workers’ Compensation – Consent Order – Motion to Set Aside – Mutual Mistake – Average Weekly Wage – Mistake of Law (access required)

Workers’ Compensation – Consent Order – Motion to Set Aside – Mutual Mistake – Average Weekly Wage – Mistake of Law (access required)

Brown v. City of Burlington Plaintiff sought to set aside a consent order based on a mutual mistake as to the amount of his average weekly wage. Under Swain v. C & N Evans Trucking Co., 126 N.C. App. 332, 484 S.E.2d 845 (1997), the determination of a plaintiff’s average weekly wage is a question of law because it requires application of the definition set forth in G.S. § 97-2(5).

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