Little v. Anson County Schools Food Service

MORRIS, Judge.

£1] Plaintiff contends that the full Commission erred in failing to find that she suffered a permanent total disability. We disagree.

G.S. 97-2(9) defines “disability” as “ . . . incapacity because of injury to earn the wages which the employee was receiving at the time of injury in. the same or any other employment." (Emphasis supplied.) Thus, the injured employee’s disability is determined by the impairment of his wage-earning capacity and not by the extent of his physical impairment. E.g., Ashley v. Rent-A-Car Co., 271 N.C. 76, 155 S.E. 2d 755 *744(1967); Dail v. Kellex Corp., 233…