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CLAYTON v. MINI DATA FORMS, INC.

No. COA08-1119.

681 S.E.2d 544 (2009)

Arnold CLAYTON, Employee, Plaintiff, v. MINI DATA FORMS, INC., Employer, Sentry Insurance Co., Inc., Carrier, Defendants.

Court of Appeals of North Carolina.

September 1, 2009.

Attorney(s) appearing for the Case

Seth M. Bernanke, Charlotte, for plaintiff-appellant.

Cranfill Sumner & Hartzog LLP, by Rebecca L. Thomas, Charlotte and Ashley Baker White, Raleigh, for defendants-appellees.

GEER, Judge.

Plaintiff Arnold Clayton appeals from an opinion and award of the Full Commission. Plaintiff contends that the Commission was not authorized to offset his workers' compensation award by the amount of wages already paid to him by defendants while he was working in a position that the Commission later determined to be unsuitable. Although such an offset may be authorized by Moretz v. Richards & Assocs., Inc., 316 N.C. 539, 342...

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