Legal Opinion · Dissent

Hixson v. Sears Roebuck Co.

North Carolina Industrial Commission

Decided June 12, 2002No. I.C. NO. 814320Published

1Dissent

In its Opinion and Award, the majority declines to combine plaintiff's earnings from both of the jobs in which she was employed at the time of her injury and only considers her part-time employment with defendant-employer in its wage and compensation rate calculation. As a result, plaintiff's wages from her full-time sewing position were not considered when calculating her average weekly wage, even though plaintiff was disabled from this work in an admittedly compensable work-related injury. This seems to me a profound unfairness and therefore I respectfully dissent.

N.C. Gen. Stat. § 97-2(5)…

2Cases cited4 opinions

  1. Vause v. Vause Farm Equipment Co.Supreme Court of North Carolina · 1951
  2. Harless v. FlynnCourt of Appeals of North Carolina · 1968
  3. Porterfield v. RPC CORP.Court of Appeals of North Carolina · 1980
  4. Casey v. . Board of EducationSupreme Court of North Carolina · 1941

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