Ball v. Bayada Home Health Care

McGEE, Chief Judge.

*2 Elizabeth Ball ("Plaintiff") appeals from a final decision of the North Carolina Industrial Commission ("the Commission"). The Commission utilized a particular method set *693 out in N.C. Gen. Stat. § 97-2 (5) -Method 3-to calculate Plaintiff's average weekly wage for her temporary total disability benefits. We conclude that use of Method 3 was not "fair and just" to Plaintiff, a requirement of N.C.G.S. § 97-2(5). Accordingly, we reverse and remand to the Commission for calculation of Plaintiff's benefits using the appropriate statutory method.

I. Background

Plaintiff began her…