Ramsey v. Piedmont Airlines

I respectfully dissent in part from the majority's calculation of average weekly wage for the following reasons:

I disagree with the majority's finding that plaintiff's perdiem could not be counted as average weekly wage. Plaintiff'sper diem was based on the number of hours she worked or spent on a trip. She was paid per diem for 24 hours when on overnight trips, even though she did not work non-stop 24 hours. Plaintiff's per diem was not linked to expenses or miles and it does not even appear to be linked to food expenses.

The reasoning of Greenman v. Pony Express, 123 N.C. App. 136,138, 472…