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MABRY v. BOWERS IMPLEMENT CO.

No. 7910IC1179.

269 S.E.2d 165 (1980)

48 N.C. App. 139

Lucille H. MABRY, Mother; Sheila Mabry Whitley, Sister; Frank W. Mabry, Brother; Clay Daniel Mabry, Deceased Employee, Plaintiffs, v. BOWERS IMPLEMENT COMPANY, Employer, John Deere Insurance Company, Carrier Defendants.

Court of Appeals of North Carolina.

August 5, 1980.

Attorney(s) appearing for the Case

Coble, Morton, Grigg & Odom by Ernest H. Morton, Jr., Albemarle, for plaintiffs-appellees.

Teague, Campbell, Conely & Dennis by George W. Dennis, III, Raleigh, for defendants-appellants.

WELLS, Judge.

The sole question presented on this appeal is whether the Commission erred in calculating Mabry's average weekly wage for compensation purposes. The pertinent portions of G.S. 97-2(5) are as follows:

Average Weekly Wages.—"Average weekly wages" shall mean the earnings of the injured employee in the employment in which he was working at the time of the injury during the period of 52 weeks immediately preceding the date of the injury, including...

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