Legal Opinion
Shaw v. U.S. Airways, Inc.
Court of Appeals of North Carolina
Decided November 6, 2007No. COA06-1407PublishedCited by 4 opinions
1Opinion of the Court
GEER, Judge.
Plaintiff Curry Shaw appeals from an opinion and award of the North Carolina Industrial Commission in which the Commission concluded that employer-funded contributions to plaintiff’s two retirement accounts should not be included in the calculation of plaintiff’s “average weekly wage,” a term defined under N.C. Gen. Stat. § 97-2(5) (2005). Whether retirement contributions ought to be considered as part of an injured worker’s average weekly wage is a question not previously considered by the North Carolina appellate courts. Because we have concluded that not all fringe benefits are…
2Cases cited22 opinions
- Seagraves v. Austin Co. of GreensboroCourt of Appeals of North Carolina · 1996
- Morrison-Knudsen Construction Co. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1983
- Whitley v. Columbia Lumber Mfg. Co.Supreme Court of North Carolina · 1986
- Clark v. Wal-MartSupreme Court of North Carolina · 2005
- McGill v. Town of LumbertonSupreme Court of North Carolina · 1939
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3Cited by4 opinions
- Shaw v. U.S. Airways, Inc.Supreme Court of North Carolina · 2008
- Shaw v. US Airways, Inc.Court of Appeals of North Carolina · 2011
- Shaw v. U.S. Airways, Inc.Court of Appeals of North Carolina · 2007
- Shaw v. U.S. Airways, Inc.Supreme Court of North Carolina · 2008