YORK v. UNIONVILLE VOLUNTEER FIRE DEPT.

No. 8110IC682.

293 S.E.2d 812 (1982)

James Franklin YORK, Employee-Plaintiff, v. UNIONVILLE VOLUNTEER FIRE DEPARTMENT, Employer-Defendant, and Lumbermens Mutual Casualty Company, Carrier-Defendants.

Court of Appeals of North Carolina.

August 3, 1982.


Attorney(s) appearing for the Case

Jerry M. Trammell, Charlotte, for plaintiff-appellee.

Hedrick, Feerick, Eatman, Gardner & Kincheloe by Hatcher Kincheloe, Charlotte, for defendants-appellants.


WEBB, Judge.

The only question brought forward in this appeal is the correctness of the determination of the plaintiff's earnings in setting his compensation. We are guided by the following statutes which provide in pertinent part:

"§ 97-31. Schedule of injuries; rate and period of compensation.—In cases included by the following schedule the compensation in each case shall be paid for disability during the healing period and in addition the disability...

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