Legal Opinion

Collins v. Biltmore Oil Company

North Carolina Industrial Commission

Decided February 16, 1995No. I.C. No. 029310Published

1Opinion of the Court

When an employee holds two separate jobs and is injured in one of them, the compensation rate may not be based on his aggregate compensation from both employments, but must relate only to the wages earned in the job producing the injury. Barnhardt v.Yellow Cab Company, Inc., 266 N.C. 419, 429, 146 S.E.2d 479 (1966). On the unusual facts in this case, the same principle applies to plaintiff's benefit. After being disabled in his physically demanding job, plaintiff was able to continue in a relatively sedentary, off-hours position as manager of a fraternal organization for some 18 months, with…

2Cases cited4 opinions

  1. Hyler v. GTE Products Co.Supreme Court of North Carolina · 1993
  2. Branham v. Denny Roll & Panel Co.Supreme Court of North Carolina · 1943
  3. Barnhardt v. Yellow Cab CompanySupreme Court of North Carolina · 1966
  4. Travelers Insurance v. RushingCourt of Appeals of North Carolina · 1978

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