Nay v. Cornerstone Staffing Solutions
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The Supreme Court modified and affirmed the decision of the court of appeals holding that the decision of the North Carolina Industrial Commission should be reversed and this case remanded to the Commission for recalculation of Plaintiff's average weekly wage, holding that the court of appeals did not err.
Plaintiff, an injured employee, received temporary disability benefits. Plaintiff later requested that his claim be assigned for a hearing, claiming that Defendant, his employer, had unilaterally lowered the amount of temporary total disability benefits that he had been receiving with respect to his back injury and that the parties could not agree with respect to the amount of benefits to which Plaintiff was entitled. The Commission determined that the fifth method for calculating Plaintiff's average weekly wage was appropriate for use in this case. The court of appeals reversed and remanded the case. The Supreme Court affirmed, holding that the findings and conclusions that the Commission made in support of its average weekly wages determination appeared to rest upon a misapplication of the applicable legal standard.
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