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BROWN v. WALNUT COVE VOLUNTEER FIRE DEPT.

No. 8410IC74.

322 S.E.2d 443 (1984)

James Linville BROWN, Plaintiff-Employee, v. WALNUT COVE VOLUNTEER FIRE DEPARTMENT, Defendant-Employer, and Nationwide Mutual Insurance Company, Defendant-Insurance Carrier.

Court of Appeals of North Carolina.

November 20, 1984.

Attorney(s) appearing for the Case

Jerry Rutledge, Walnut Cove, for plaintiff-appellee.

Tuggle, Duggins, Meschan & Elrod, P.A. by Richard L. Vanore and J. Reed Johnston, Jr., Greensboro, for defendants-appellants.

HILL, Judge.

The sole question presented by this appeal is the correctness of the determination of plaintiff's earnings in setting his compensation. Defendants contend the Industrial Commission erred by holding that plaintiff's compensation benefits were to be based on the average weekly wage earned while in the employment of Roadway Express, a company from which plaintiff had been laid off for almost a year. We disagree and for the reasons which follow affirm the...

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