BARBER v. GOING WEST TRANSP., INC.

No. COA98-494.

517 S.E.2d 914 (1999)

Claire A. BARBER, Employee/Plaintiff, v. GOING WEST TRANSPORTATION, INC., Employer/Defendant, and Non-Insured, Carrier/Defendant.

Court of Appeals of North Carolina.

August 3, 1999.


Attorney(s) appearing for the Case

Janine W. Dunn, Sneads Ferry, for defendant-appellant.

Brumbaugh, Mu and King, P.A., by Leah D. Lassiter, Jacksonville, for plaintiff-appellee.


JOHN, Judge.

Defendant appeals an Opinion and Award of the North Carolina Industrial Commission (the Commission) granting plaintiff temporary total disability compensation. Defendant contends the Commission erred in 1) classifying plaintiff as an employee rather than an independent contractor, 2) finding plaintiff was incapable of earning wages from any employer as result of her lumbosacral strain, and 3) setting plaintiff's average weekly wage at $548.94. For reasons...

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