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JOYNER v. A. J. CAREY OIL COMPANY

No. 367.

146 S.E.2d 447 (1966)

266 N.C. 519

Donald D. JOYNER, Employee, v. A. J. CAREY OIL COMPANY, Inc., Employer, Employers Mutual Casualty Company, Carrier.

Supreme Court of North Carolina.

February 4, 1966.

Attorney(s) appearing for the Case

LaRoque, Allen & Cheek by G. Paul LaRoque, Kinston, for plaintiff appellee.

Wallace & Langley by P. C. Barwick, Jr., Kinston, for defendant appellants.

SHARP, Justice.

The first question presented by this appeal is decisively answered by the opinion in Barnhardt v. Yellow Cab Co., N.C., 146 S.E.2d 479. When an employee who holds two separate jobs is injured in one of them, his compensation is based only upon his average weekly wages earned in the employment producing the injury. This case and Barnhardt point out a hiatus in our Workmen's Compensation Act which the Legislature...

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