Even though, in his deposition, plaintiff’s doctor said plaintiff had a 10-pound lifting restriction, the doctor also testified that there had been no change in the lifting restriction since the doctor had last seen plaintiff in 2013. A medical record ...

Tagged with: Average Weekly Wage

  Ball v. Bayada Home Health Care (Lawyers Weekly No. 011-242-17, 11 pp.) (Linda McGee, C.J.) Appealed from the Industrial Commission. N.C. App. Holding: Where (1) a certified nursing assistant had worked for the defendant-employer part-time for six months before ...

Tagged with: Average Weekly Wage calculation method

Chenette v. Metokote Corp. (Lawyers Weekly No. 15-16-0375, 18 pp.) (John Tyson, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Although the compensable injuries plaintiff suffered in 2007 and 2010 were both to his back, there is competent ...

Tagged with: Average Weekly Wage

Tedder v. A&K Enterprises (Lawyers Weekly No. 14-07-1171, 20 pp.) (Richard Dietz, J.) Appealed from the Industrial Commission. N.C. App. Holding: The defendant-employer hired plaintiff to work for seven weeks at $625 per week; however, plaintiff was injured during the ...

Tagged with: Average Weekly Wage

Lipe v. Starr Davis Co. (Lawyers Weekly No. 14-07-1023, 13 pp.) (Chris Dillon, J.) Appealed from the Industrial Commission. N.C. App. Holding: Where (1) plaintiff’s decedent was exposed to asbestos during his career at Starr Davis Co. (SDC), (2) he ...

Tagged with: Asbestosis Average Weekly Wage

Tunell v. Resource MFG If an employee is holding down two jobs and is injured at the first job, his “average weekly wage” does not include wages from his second job even if the injury prevents him from returning to either job. Likewise, if an injury prevents the employee from returning to his first job, but he is still able to work at his second job, the calculation of his temporary partial disability benefits does not take into consideration his wages from the second job, unless the second job has been enlarged or used as a substitute for the loss of earnings from the first job.

Tagged with: Average Weekly Wage first impression Workers Compensation

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).

Tagged with: Average Weekly Wage Consent Order mutual mistake Workers Compensation

Hazell v. Family Dollar Inc. Plaintiff didn’t merely receive a raise six weeks before her compensable injury; she was promoted from a part-time hourly position to a full-time salaried position. The Industrial Commission rejects defendants’ contention that plaintiff’s average weekly wage should be determined based on the wages she received during the 52 weeks prior to her injury. Plaintiff’s salary was her average weekly wage.

Tagged with: Average Weekly Wage Workers’ Compensation

Knowles v. Wackenhut Corp. Where a staff shortage resulted in plaintiff working more overtime than defendant’s employees normally can, and where the staff shortage has been corrected, the Industrial Commission should have calculated plaintiff’s average weekly wage pursuant to the fourth or fifth method in G.S. § 97-2(5) rather than the third.

Tagged with: Average Weekly Wage Workers’ Compensation

Burton v. ArvinMeritor, Inc. Even though plaintiff developed his first deep venous thrombosis as a result of knee-replacement surgery that he underwent before his on-the-job injury, plaintiff’s second DVT and the worsening of his original DVT resulted from his compensable knee injury. Accordingly, plaintiff’s second DVT and the aggravation of his original DVT are compensable.

Tagged with: Average Weekly Wage Workers’ Compensation