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NAY v. CORNERSTONE STAFFING SOLUTIONS

No. 409PA20.

867 S.E.2d 646 (2022)

2022-NCSC-8

Luon NAY, employee v. CORNERSTONE STAFFING SOLUTIONS, employer, and Starnet Insurance Company, carrier, (Key Risk Management Services, administrator).

Supreme Court of North Carolina.

Filed February 11, 2022.

Attorney(s) appearing for the Case

Law Offices of Kathleen G. Sumner, Greensboro, by Kathleen G. Sumner ; David P. Stewart ; and Jay Gervasi, P.A., Greensboro, by Jay A. Gervasi , for plaintiff-appellee.

Brewer Defense Group by Joy H. Brewer and Ginny P. Lanier , Cary, for defendant-appellants.

Dickie McCamey & Chilcote, P.C., Raleigh, by Michael W. Ballance ; Teague Campbell Dennis & Gorham, L.L.C., Raleigh, by Tracey L. Jones and Bruce Hamilton , for the North Carolina Association of Defense Attorneys and North Carolina Association of Self-Insurers, amici curiae.

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

¶ 1 This case involves the issue of whether the Commission's decision concerning the method that should be utilized to calculate an injured worker's average weekly wages pursuant to N.C.G.S. § 97-2(5) and the Commission's determination concerning the extent to which the results obtained by a particular method for determining...

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