PREVETTE v. CLARK EQUIPMENT CO.

No. 8210IC572.

302 S.E.2d 639 (1983)

Joseph M. PREVETTE, III, and Thomas A. Prevette, Sons of Joseph M. Prevette, Deceased, Employee, Plaintiffs, v. CLARK EQUIPMENT COMPANY, Employer Liberty Mutual Insurance Company, Carrier Defendants.

Court of Appeals of North Carolina.

May 17, 1983.


Attorney(s) appearing for the Case

Pope, McMillan, Gourley & Kutteh by William H. McMillan and David P. Parker, Statesville, for plaintiffs-appellants-cross appellees.

Hedrick, Feerick, Eatman, Gardner & Kincheloe by James F. Wood, III, Charlotte, for defendants-appellees-cross appellants.


BRASWELL, Judge.

DEFENDANTS' APPEAL

Defendants first argue that the Commission erred in its calculation of decedent's average weekly wage. The Commission based its computations upon a stipulated Form 22 Wage Chart for decedent, who had worked for defendant-employer for only five weeks. Based on this evidence, the Commission found that decedent's average weekly wage was $228.97, with a compensation rate of $152.65. Defendants argue that the Commission should...

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