Legal Opinion

Denny v. Swift Transportation

North Carolina Industrial Commission

Decided March 12, 1997No. I.C. NO. 359246Published

1Opinion of the Court

Reimbursed business expenses are not income and are not calculated as part of the average weekly wage. Christian v. Riddle MendenhallLogging, 117 N.C. App. 261, 450 S.E.2d 510 (1994). Travel allowances that do not exceed travel expenses are not considered income.Tyson v. Carolina Telephone and Telegraph Company, 70 N.C. App. 593 594,320 S.E.2d 326 (1984). Plaintiff received from defendant a payment of 28 cents per mile, of which 22 cents were treated as wages and 6 cents were advanced for business expenses while traveling. The 6 cents per mile for business expenses plaintiff received while…

2Cases cited2 opinions

  1. Christian v. Riddle & Mendenhall LoggingCourt of Appeals of North Carolina · 1994
  2. Tyson v. Carolina Telephone & Telegraph Co.Court of Appeals of North Carolina · 1984

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