Estes v. North Carolina State University

EAGLES, Judge.

The State contends that plaintiff made an election of remedies in choosing to receive payment for his accumulated sick and vacation leave in lieu of workers’ compensation benefits and that the Commission erred in awarding plaintiff workers’ compensation disability benefits. We disagree.

G.S. 97-6 provides that:

[n]o contract or agreement, written or implied, no rule, regulation, or other device shall in any manner operate to relieve an employer in whole or in part, of any obligation created by this Article, except as herein otherwise expressly provided..

G.S. 97-6. G.S. 97-7…