BALDWIN v. PIEDMONT WOODYARDS, INC.

No. 8110IC1116.

293 S.E.2d 814 (1982)

Callie Mae BALDWIN, Widow, Willie Baldwin, Deceased, Employee, Plaintiff; v. PIEDMONT WOODYARDS, INC., Employer; American Mutual Liability Insurance Company, Carrier, Defendants

Court of Appeals of North Carolina.

August 3, 1982.


Attorney(s) appearing for the Case

Paul S. Messick, Jr., Gunn & Messick, Pittsboro, for plaintiff-appellee.

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


WEBB, Judge.

The defendants' first assignment of error is to the Commission's failure to give effect to the agreement for compensation dated 6 February 1979 which was signed by the parties. This agreement was not approved by the Industrial Commission pursuant to G.S. 97-17 and it is not binding.

The only other question involved in this appeal is the correctness of the determination of the decedent's earnings in setting compensation. G.S. 97-38 provides that...

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