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NAY v. CORNERSTONE STAFFING SOLUTIONS

No. COA19-262.

847 S.E.2d 910 (2020)

Luon NAY, Employee, Plaintiff, v. CORNERSTONE STAFFING SOLUTIONS, Employer, and Starnet Insurance Company, Carrier (Key Risk Management Services, Administrator), Defendants.

Court of Appeals of North Carolina.

Filed: August 18, 2020.

Attorney(s) appearing for the Case

Kathleen G. Sumner , Greensboro, David P. Stewart , and Jay A. Gervasi, Jr. , Greensboro, for plaintiff-appellant.

Joy H. Brewer , Cary, for defendants-appellees.

Lennon, Camak & Bertics, PLLC, Raleigh, by Michael W. Bertics , and Poisson, Poisson & Bower, PLLC, Wilmington, by E. Stewart Poisson , for North Carolina Advocates for Justice, amicus curiae.

Where the application of Method 3 of N.C.G.S. § 97-2(5) to calculate a plaintiff's average weekly wages would produce fair results for both an employee and an employer, the Full Commission errs in applying Method 5 to calculate a plaintiff's average weekly wages.

BACKGROUND

Plaintiff Luon...

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