Kellams v. Carolina Metal Products, Inc.

The hearing commissioner determined the plaintiff’s average weekly wages before the accident amounted to $46.00. Under the provisions of G.S. 97-31 (p) she would have been entitled to 60 per cent of her average weekly wages, or $27.60, if the loss of the use of her leg 'had been total. But inasmuch as she lost only 10 per cent of the use of her leg she was entitled to weekly payments of only ten per cent of the $27.60, or $2.76. The award required the payment of that amount for a period of 200 weeks. On appeal, the commission and the superior court affirmed the award.

The real controversy in…