Legal Opinion

Wallace v. Music Shop, II, Inc.

Court of Appeals of North Carolina

Decided May 26, 1971No. 7181C306PublishedCited by 16 opinions

1Opinion of the Court

HEDRICK, Judge.

The question presented by the defendants’ exceptions is whether the Industrial Commission correctly calculated the employee’s average weekly wage. G.S. 97-2(5) sets forth five methods of computation which are as follows:

“(1) ‘Average weekly wages’ shall mean the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of fifty-two weeks immediately preceding the date of the injury . . . divided by fifty-two; but if the injured employee lost more than seven consecutive calendar days at one or more times during such…

2Cases cited4 opinions

  1. Barnhardt v. Yellow Cab CompanySupreme Court of North Carolina · 1966
  2. Joyner v. AJ CAREY OIL COMPANYSupreme Court of North Carolina · 1966
  3. Purvis ex rel. Liles v. Faulkner Neon & Electric Co.Supreme Court of North Carolina · 1956
  4. Lovette v. Reliable Manufacturing CompanySupreme Court of North Carolina · 1964

3Cited by16 opinions

  1. McAninch v. Buncombe County SchoolsSupreme Court of North Carolina · 1997
  2. Bond v. Foster Masonry, Inc.Court of Appeals of North Carolina · 2000
  3. Conyers v. New Hanover County SchoolsCourt of Appeals of North Carolina · 2008
  4. Kirk v. State Department of CorrectionCourt of Appeals of North Carolina · 1995
  5. Loch v. ENTERTAINMENT PARTNERS EMPLOYERCourt of Appeals of North Carolina · 2001

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