Legal Opinion

Clayton v. Mini Data Forms, Inc.

Court of Appeals of North Carolina

Decided September 1, 2009No. COA08-1119PublishedCited by 7 opinions

1Opinion of the Court

GEER, Judge.

Plaintiff Arnold Clayton appeals from an opinion and award of the Full Commission. Plaintiff contends that the Commission was not authorized to offset his workers’ compensation award by the amount of wages already paid to him by defendants while he was working in a position that the Commission later determined to be unsuitable. Although such an offset may be authorized by Moretz v. Richards & Assocs., Inc., 316 N.C. 539, 342 S.E.2d 844 (1986), because the Commission failed to make the necessary findings as to the nature of defendants’ payments under Rice v. City of Winston-Salem,…

2Cases cited15 opinions

  1. Deese v. Champion International Corp.Supreme Court of North Carolina · 2000
  2. Kisiah v. W.R. Kisiah Plumbing, Inc.Court of Appeals of North Carolina · 1996
  3. Moretz v. Richards & Associates, Inc.Supreme Court of North Carolina · 1986
  4. Estes v. North Carolina State UniversityCourt of Appeals of North Carolina · 1991
  5. Hobbs v. Clean Control Corp.Court of Appeals of North Carolina · 2002

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3Cited by7 opinions

  1. Hedges v. Wake County Public School SystemCourt of Appeals of North Carolina · 2010
  2. Davis v. HOSPICE & PALLIATIVE CARECourt of Appeals of North Carolina · 2010
  3. Burnham v. McGee Bros.Court of Appeals of North Carolina · 2012
  4. Prestwood v. Caldwell County Sheriff's DepartmentNorth Carolina Industrial Commission · 2010
  5. Price v. Mental Health AssociationNorth Carolina Industrial Commission · 2010

2 more not listed; retrieve them via the Exa API.

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