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Tag Archives: Average Weekly Wage

Workers’ Compensation – Average Weekly Wage – Calculation Method – Causation – Back Pain – Knee Injury (access required)

Holden v. Brickey Acoustical, Inc. Although the Industrial Commission used the language of method three under G.S. § 97-2(5) nearly verbatim when it set out its calculation of plaintiff's average weekly wage, the commission failed to compute plaintiff's average weekly wage in accordance with that method.

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Workers’ Compensation – Asbestosis – Permanent Total Disability Benefits – Average Weekly Wage – Costs & Attorney’s Fees – Date of Diagnosis – Date of Injury (access required)

Ensley v. FMC Corp. (Lawyers Weekly No. 11-16-0294, 15 pp.) (Sanford L. Steelman Jr., J.) Appealed from the Industrial Commission. N.C. App. Unpub. Click here to read the full text of the opinion. Holdings: (1) The commission’s unchallenged findings of ...

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Workers’ Compensation – Average Weekly Wage – Waitress – Reported Income – Job Offer – Unjustified Refusal (access required)

Basile v. Chris's Open Hearth Steak House. Even though the plaintiff-waitress testified that she had signed the defendant-restaurant's tip ledger when the amount in the ledger did not reflect her actual tips for that shift, the restaurant manager testified that plaintiff was always given the chance to alter the amount on the ledger before signing it. The Industrial Commission did not err in basing plaintiff's average weekly on the amount of income she reported to the IRS. We affirm the commission's award of benefits.

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Workers’ Compensation – Average Weekly Wage – Deputy Sheriff – State Fair – Unofficial Employee Loan (access required)

Denning v. N.C. Department of Agriculture. Apparently without an official agreement, the Wake County Sheriff's Office lent deputy sheriffs to defendant to provide security at the annual state fairs. Plaintiff suffered a broken wrist while providing security at the 2007 state fair. Using the fifth statutory method to determine plaintiff's average weekly wage, the Industrial Commission calculates plaintiff's wage based upon his hourly wage.

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

Carroll v. Triangle Grading. (Lawyers Weekly No. 10-08-0998, 7 pp.) (Staci T. Meyer, Commissioner) On remand from the Court of Appeals. I.C. No. 501837. Holding:  Because the plaintiff was employed with defendant-employer for a period of less than 52 weeks, ...

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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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