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DEREBERY v. PITT COUNTY FIRE MARSHALL

No. 456PA85.

347 S.E.2d 814 (1986)

Frank DEREBERY v. PITT COUNTY FIRE MARSHALL.

Supreme Court of North Carolina.

August 29, 1986.

Attorney(s) appearing for the Case

Marvin Blount, Jr., and Charles Ellis, Greenville, for plaintiff-appellant.

Teague, Campbell, Dennis & Gorham by C. Woodrow Teague and Linda Stephens, Raleigh, for defendant-appellee.

Academy of Trial Lawyers by Paul J. Michaels and Gregory M. Martin, Raleigh, amicus curiae.

EXUM, Justice.

This is a workers' compensation case. The parties stipulated that plaintiff, Frank Leslie Derebery, (1) sustained an injury by accident arising out of and in the course of employment as a volunteer fireman with defendant, Pitt County Fire Marshall, and (2) is totally and permanently disabled as a result of that injury. The Industrial Commission computed plaintiff's average weekly wages with reference to the higher paid of two part-time employments which...

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