McANINCH v. BUNCOMBE COUNTY SCHOOLS

No. COA95-508.

471 S.E.2d 441 (1996)

Brenda McANINCH, Employee-Plaintiff/Appellee, v. BUNCOMBE COUNTY SCHOOLS, SELF-INSURED (Educator Benefits Services, Inc., Servicing Agent), Employer-Defendant/Appellant.

Court of Appeals of North Carolina.

June 18, 1996.


Attorney(s) appearing for the Case

Mraz & Dungan by John A. Mraz, Charlotte, for plaintiff-appellee.

Hedrick, Eatman, Gardner & Kincheloe by Scott M. Stevenson, Allen C. Smith and Jeffrey A. Doyle, Charlotte, for defendant-appellant.


EAGLES, Judge.

Defendant first argues that the Full Commission erred in calculating plaintiff's average weekly wages pursuant to G.S. 97-2(5). We agree. In this case we face the novel issue of whether a public school employee's "average weekly wages" should be calculated with or without regard to the ten week summer vacation period.

G.S. 97-2(5) defines average weekly wages and provides in pertinent part that:

"Average weekly wages" shall mean the...

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