Legal Opinion

Gillikin v. Hermitage House Rest Home

North Carolina Industrial Commission

Decided April 25, 1997No. I.C. No. 156840Published

1Opinion of the Court

The defendants ask the Commission to accept a different "wage chart" or I.C. Form 22 Statement of Days Worked and Earnings of Injured Employee, showing the plaintiff was entitled to a compensation rate based on an average weekly wage of $254.52, rather than the $274.00 on which compensation payments prior to the hearing were calculated. Defendants argue that this Form 22 was attached to the Pre-trial Agreement and apparently lost by the Commission after the Agreement was submitted. Paragraph five of that Agreement states, "Plaintiff's average weekly wage will be determined by a wage statement…

2Cases cited6 opinions

  1. Click v. Pilot Freight Carriers, Inc.Supreme Court of North Carolina · 1980
  2. Henry v. A. C. Lawrence Leather Co.Supreme Court of North Carolina · 1950
  3. Hyler v. GTE Products Co.Supreme Court of North Carolina · 1993
  4. Little v. Penn Ventilator Co.Supreme Court of North Carolina · 1986
  5. Beard v. Blumenthal Jewish HomeCourt of Appeals of North Carolina · 1987

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