Barber v. Going West Transportation, Inc.

JOHN, Judge.

Defendant appeals an Opinion and Award of the North Carolina Industrial Commission (the Commission) granting plaintiff temporary total disability compensation. Defendant contends the Commission erred in 1) classifying plaintiff as an employee rather than an independent contractor, 2) finding plaintiff was incapable of earning wages from any employer as result of her lumbosacral strain, and 3) setting plaintiffs average weekly wage at $548.94. For reasons set forth herein, we remand to the Commission for re-calculation of plaintiffs average weekly wage in compliance with N.C.G.S. §…