Shaw v. U.S. Airways, Inc.

NEWBY, Justice.

This case presents the issue of whether an employer’s contributions to an employee’s retirement accounts are included in the calculation of “average weekly wage” under our Workers’ Compensation Act. While the Act is to be “liberally construed,” such liberality is not to be extended “beyond [its] clearly expressed language.” See Deese v. Se. Lawn & Tree Expert Co., 306 N.C. 275, 277, 293 S.E.2d 140, 142-43 (1982). Because we do not believe inclusion of fringe benefits to be “clearly expressed,” we reverse the Court of Appeals.

Plaintiff Curry Shaw worked as a fleet service worker…