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SHAW v. U.S. AIRWAYS, INC.

No. 580A07.

665 S.E.2d 449 (2008)

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

Supreme Court of North Carolina.

August 27, 2008.

Attorney(s) appearing for the Case

The Sumwalt Law Firm, by Vernon Sumwalt, Charlotte, for plaintiff-appellee.

Littler Mendelson, P.C., by Kimberly A. Zabroski and Brian S. Clarke, Charlotte, for defendant-appellants.

NEWBY, Justice.

This case presents the issue of whether an employer's contributions to an employee's retirement accounts are included in the calculation of "average weekly wage" under our Workers' Compensation Act. While the Act is to be "liberally construed," such liberality is not to be extended "beyond [its] clearly expressed language." See Deese v. Southeastern Lawn & Tree Expert Co., 306 N.C. 275, 277, 293 S.E.2d 140

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