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TUNELL v. RESOURCE MFG/PROLOGISTIX

No. COA12-103.

731 S.E.2d 844 (2012)

Daniel TUNELL, Employee, Plaintiff v. RESOURCE MFG/PROLOGISTIX, Employer, American Casualty Company, Carrier (Gallagher Bassett, Third-party Administrator), Defendants.

Court of Appeals of North Carolina.

August 7, 2012.

Attorney(s) appearing for the Case

R. James Lore , Attorney at Law, Raleigh, by R. James Lore , for the plaintiff.

Teague Campbell Dennis & Gorham, LLP, Raleigh, by John A. Tomei and Tara Davidson Muller , for the defendants.

THIGPEN, Judge.

Daniel Tunell ("Plaintiff") appeals from an Opinion and Award of the North Carolina Industrial Commission ("Full Commission") awarding him temporary partial disability compensation. We must decide whether a defendant-employer can deduct wages earned from a concurrent employer in calculating the defendant-employer's obligation to pay partial disability compensation pursuant to N.C. Gen.Stat. § 97-30 (2009). Because North Carolina law does not allow...

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