Baldwin v. Piedmont Woodyards, Inc.

WEBB, Judge.

The defendants’ first assignment of error is to the Commission’s failure to give effect to the agreement for compensation dated 6 February 1979 which was signed by the parties. This agreement was not approved by the Industrial Commission pursuant to G.S. 97-17 and it is not binding.

The only other question involved in this appeal is the correctness of the determination of the decedent’s earnings in setting compensation. G.S. 97-38 provides that death benefits shall be based on the decedent’s average weekly wages. G.S. 97-2 provides in part:

“(5) Average Weekly Wages. — ‘Average…