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Tag Archives: Average Weekly Wage

Workers’ Compensation – Temporary Partial Disability Benefits – Average Weekly Wage – Second Job – First Impression (access required)

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.

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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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Workers’ Compensation – Average Weekly Wage – Promotion & Raise – Fifth Method (access required)

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.

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Workers’ Compensation – Average Weekly Wage – Excessive Overtime – Staff Shortage (access required)

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.

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Workers’ Compensation – Consequences of Injury – DVT & Disc Herniation – Proffered Position – Unsuitable – Average Weekly Wage (access required)

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.

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