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SHAW v. U.S. AIRWAYS, INC.

No. COA06-1407.

652 S.E.2d 22 (2007)

Curry SHAW, Employee, Plaintiff, v. U.S. AIRWAYS, INC., Employer, American Protection Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

November 6, 2007.

Attorney(s) appearing for the Case

The Sumwalt Law Firm, by Vernon Sumwalt and Mark T. Sumwalt, Charlotte, for plaintiff-appellant.

Littler Mendelson P.C., by Kimberly A. Zabroski, Pittsburg, PA, for defendants-appellees.

GEER, Judge.

Plaintiff Curry Shaw appeals from an opinion and award of the North Carolina Industrial Commission in which the Commission concluded that employer-funded contributions to plaintiff's two retirement accounts should not be included in the calculation of plaintiff's "average weekly wage," a term defined under N.C. Gen.Stat. § 97-2(5) (2005). Whether retirement contributions ought to be considered as part of an injured worker's average weekly wage is...

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