Tunell v. Resource Mfg/Prologistix

THIGPEN, Judge.

Daniel Tunell (“Plaintiff’) appeals from an Opinion and Award of the North Carolina Industrial Commission (“Full Commission”) awarding him temporary partial disability compensation. We must decide whether a defendant-employer can deduct wages earned from a concurrent employer in calculating the defendant-employer’s obligation to pay partial disability compensation pursuant to N.C. Gen. Stat. § 97-30 (2009). Because North Carolina law does not allow aggregation of wages from concurrent employment in calculating a plaintiff’s average weekly wages, by extension, we hold that an…