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Tag Archives: Average Weekly Wage

Workers’ Compensation – Asbestosis – Carrier on the Risk – Last Exposure – Average Weekly Wage – Unclaimed Conditions – Natural Result (access required)

Mauldin v. A.C. Corp. Plaintiff failed to show that he was exposed to asbestos for the required amount of time during Argonaut Insurance’s policy period; since the Industrial Commission’s award for damage to plaintiff’s lungs was based on both lung cancer and asbestosis, the Commission must decide whether the damage award can be apportioned between the conditions.

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Workers’ Compensation – Average Weekly Wage – Temporary Job – Fifth Calculation Method (access required)

Denning v. N.C. Department of Agriculture After a deputy sheriff was injured while working at the State Fair, the Industrial Commission correctly determined that none of the first four methods of calculating his average weekly wage in G.S. § 97-2(5) would produce a fair result. The Commission did not err in applying the fifth method to arrive at an average weekly wage of $630, rather than the $5.89 set out in the Form 21. We affirm the Commission’s award of benefits.

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Workers’ Compensation – Average Weekly Wage – Temporary Job – Fifth Calculation Method (access required)

Denning v. N.C. Department of Agriculture After a deputy sheriff was injured while working at the State Fair, the Industrial Commission correctly determined that none of the first four methods of calculating his average weekly wage in G.S. § 97-2(5) would produce a fair result. The Commission did not err in applying the fifth method to arrive at an average weekly wage of $630, rather than the $5.89 set out in the Form 21. We affirm the Commission’s award of benefits.

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Workers’ Compensation – Asbestosis Claim – Timeliness – Average Weekly Wage (access required)

Tyson v. H. K. Porter Co. The deputy commissioner found that plaintiff’s asbestosis claim was not timely filed, but the full Industrial Commission failed to mention the timeliness of the claim when it awarded benefits for asbestosis. We affirm the award of benefits for asbestos-related pleural disease and colon cancer. We reverse and remand for further findings with regard to the timeliness of the asbestosis claim and the correct average weekly wage.

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Workers’ Compensation – Average Weekly Wage – Termination of Benefits – Overpayment – Permanent Partial Disability – Credit (access required)

Thomas v. Richmond Yarns, Inc. Plaintiff had not worked for defendant for a full 52 weeks before his compensable injury. Defendant has gone out of business, and the records of a “similar” employee cannot be obtained. However, plaintiff’s actual wages are reflected in the Form 22 wage chart. Plaintiff’s average weekly wage is thus calculated by dividing his gross earnings provided on the Form 22 wage chart by the number of weeks and parts thereof during which plaintiff earned wages.

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Workers’ Compensation – Average Weekly Wage – Less Than 52 Weeks – Seasonal Changes (access required)

Bullard v. T.R. Lee Oil Co. The parties’ records do not support testimony that plaintiff’s wage was $12.50 per hour. Since plaintiff worked less than 52 weeks for the defendant-employer, and since he worked less in warmer months than he did in colder months, we reach a result which is fair and just to both parties by dividing plaintiff’s earnings from Dec. 15, 2008 through Aug. 4, 2009 by the number of weeks and parts thereof that he worked for the employer prior to his injury.

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

Kubick v. Guilford County Schools Plaintiff had only been working for defendant for five months when she fell and hurt her back at work; moreover, she had received a promotion just two months before her compensable injury. Given the brevity of her new position and the lack of evidence regarding similar workers, G.S. § 97-2(5)’s fifth method of computing an average weekly wage applies.

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Workers’ Compensation – Temporary Total Disability – Average Weekly Wage (access required)

Thompson v. STS Holdings, Inc. A plaintiff who was injured while working a contract job for one of several employers is entitled to only $30 per week in temporary total disability compensation. Plaintiff was an Airframe and Power Plant Mechanic (A&P mechanic) who worked contract jobs in the airline maintenance industry for various employers. STS Holdings, Inc. (STS) is a company specializing in providing contract aviation technicians to the aerospace industry.

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Workers’ Compensation – Average Weekly Wage – Occupational Disease (access required)

Johnson v. Covil Corp. The Industrial Commission's determination of a plaintiff's death benefit must be reversed as erroneous and the case remanded for more specific findings as to why the first method of calculation of G.S. § 97-2(5) would be unjust and for a recalculation of the plaintiff's benefit. Accordingly, this matter will be reversed and remanded.

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Workers’ Compensation – Temporary Total Disability – Average Weekly Wage – Authorized Medical Care (access required)

James v. Carolina Power & Light The Industrial Commission did not err by ordering reinstatement of a plaintiff's temporary total disability benefits but did err in (1) calculating her average weekly wage and (2) limiting medical care authorized to that received by the plaintiff on or after a certain date. An employee's "average weekly wages" are computed pursuant to G.S. § 97-2(5), which sets forth, in preferential order, five methods by which such calculation may be made.

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