McAninch v. Buncombe County Schools

LAKE, Justice.

This case facially involves the proper method of calculating the average weekly wages in a worker’s compensation action, and in essence it presents two underlying issues which are controlling. The first such issue is whether an Industrial Commission Form 21 agreement for compensation, entered into between the employer and the injured employee and approved by the full Commission, can be modified or set aside on appellate review in the absence of a finding by the Commission of error due to fraud, misrepresentation, undue influence or mutual mistake. The second issue presented is…