Except as otherwise provided in G.S. 97-31, where the incapacity for work resulting from the injury is partial, the employer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such disability, a weekly compensation equal to sixty-six and two-thirds percent (66 2/3%) of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than the amount established annually to be effective January 1 as provided in G.S. 97-29 a week, and in no case shall the employee receive more than 500 weeks of payments under this section. Any weeks of payments made pursuant to G.S. 97-29 shall be deducted from the 500 weeks of payments available under this section. An officer or member of the State Highway Patrol shall not be awarded any weekly compensation under the provisions of this section for the first two years of any incapacity resulting from an injury by accident arising out of and in the course of the performance by him of his official duties if, during such incapacity, he continues to be an officer or member of the State Highway Patrol, but he shall be awarded any other benefits to which he may be entitled under the provisions of this Article. (1929, c. 120, s. 30; 1943, c. 502, s. 4; 1947, c. 823; 1951, c. 70, s. 2; 1953, c. 1195, s. 3; 1955, c. 1026, s. 6; 1957, c. 1217; 1963, c. 604, s. 2; 1967, c. 84, s. 2; 1969, c. 143, s. 2; 1971, c. 281, s. 2; 1973, c. 515, s. 2; c. 759, s. 2; 1981, c. 276, s. 1; 2011-287, s. 11.)
Notes of Decisions
Gupton v. Builders Transp., 357 S.E.2d 674 (N.C. 1987).
· cites it 103× “I also wish to add the following: THE QUESTION OF WHETHER TO EXTEND THE RULING IN WHITLEY TO N.C.G.S. § 97-30 IS NOT PROPERLY BEFORE THIS COURT.”
Knight v. Wal-Mart Stores, Inc., 562 S.E.2d 434 (N.C. Ct. App. 2002).
· cites it 58× “An employee seeking indemnity benefits pursuant to the Workers' Compensation Act has, at the outset, two very general options. [2] First, an employee may seek indemnity benefits by showing that the employee has suffered a loss of wage-earning capacity pursuant to N.”
Shaw v. United Parcel Serv., 449 S.E.2d 50 (N.C. Ct. App. 1994).
· cites it 87× “Our Court held: Plaintiff's evidence clearly tended to establish that since 28 October 1988 and continuing to the time of hearing, he had suffered a loss in post-injury wages and that based on his education, training, and experience plaintiff's earnings reflected his limited…”
Weaver v. Swedish Imports Maint., Inc., 354 S.E.2d 477 (N.C. 1987).
· cites it 72× “§ 97-47, and (2) claimant was entitled to compensation for permanent partial disability pursuant to N.C.G.S. § 97-30. For the reasons stated herein, we find that: (1) claimant is entitled to an award for change in condition pursuant to N.”
Franklin v. Broyhill Furniture Indus., 472 S.E.2d 382 (N.C. Ct. App. 1996).
· cites it 36× “The employee, however, may not recover pursuant to section 97-31 and section 97-30 (or 97-29) simultaneously, but has the option of choosing the more favorable recovery.”
Morrison v. Burlington Indus., 282 S.E.2d 458 (N.C. 1981).
· cites it 14× “Therefore G.S. 97-30, not G.S. 97-29, governs the compensation that should be paid in this case.”
Peoples v. Cone Mills Corp., 342 S.E.2d 798 (N.C. 1986).
· cites it 6× “Cone contends plaintiff has proved at most that he is only partially disabled; and if compensated at all, plaintiff should be compensated only under N.C.G.S. § 97-30 for partial disability. [6] Cone concedes that plaintiff is unable to return to his old job in the card room, but…”
Gray v. Carolina Freight Carriers, Inc., 414 S.E.2d 102 (N.C. Ct. App. 1992).
· cites it 15× “A similar principle may be applied to an individual member that has been restored in whole or in part. Larson at § 59.”
Larramore v. Richardson Sports Ltd. Partners, 540 S.E.2d 768 (N.C. Ct. App. 2000).
· cites it 12× “00; (2) the Commission erred in awarding plaintiff payment for medical expenses incurred or to be incurred for plaintiff's treatment by Dr.”
McLean v. Eaton Corp., 481 S.E.2d 289 (N.C. Ct. App. 1997).
· cites it 14× “97-29 or G.S. 97-30 would provide him a more munificent remedy.”
— N.C. Gen. Stat. § 97-30(21) — 1 case
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