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NC General Statutes

N.C. Gen. Stat. § 97-33 (2026)

Prorating in event of earlier disability or injury

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If any employee is an epileptic, or has a permanent disability or has sustained a permanent injury in service in the United States Army or Navy, or in another employment other than that in which he received a subsequent permanent injury by accident, such as specified in G.S. 97-31, he shall be entitled to compensation only for the degree of disability which would have resulted from the later accident if the earlier disability or injury had not existed. (1929, c. 120, s. 33; 1975, c. 832; 2011-183, s. 127(b).)

 

Notes of Decisions
Cited in 10 cases, 1975–2010 · leading case: Morrison v. Burlington Indus., 282 S.E.2d 458 (N.C. 1981).
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Morrison v. Burlington Indus., 282 S.E.2d 458 (N.C. 1981). · cites it 4× “Pursuant to G.S. 97-33 disability may be apportioned between injuries connected with military service and those sustained in the course of other employment.”
Gray v. Carolina Freight Carriers, Inc., 414 S.E.2d 102 (N.C. Ct. App. 1992). · cites it 7× “First, N.C.G.S. § 97-33 provides for “prorating” of a disability award for permanent injury, such as specified in Section 97-31, and prior disability resulting from epilepsy, injuries sustained in certain military service, or injuries sustained in another employment.”
Newcomb v. Greensboro Pipe Co., 677 S.E.2d 167 (N.C. Ct. App. 2009). · cites it 9× “N.C. Gen. Stat. § 97-33 (2007) (“If any employee .”
Freeman v. Rothrock, 689 S.E.2d 569 (N.C. Ct. App. 2010). · cites it 12× “N.C. Gen. Stat. § 97-33 (2005). In the case sub judice, the Full Commission found as fact that [c]lincher settlement agreements call for payment of undifferentiated lump sums of money for purposes of resolving all issues in *280 claims.”
Wilder v. Barbour Boat Works, 352 S.E.2d 690 (N.C. Ct. App. 1987). · cites it 3× “The first issue before this Court is whether the Full Commission erred in finding that the provisions of G.S. 97-33 “show unequivocally that the defendants are obligated to pay only for the disability caused by this accident.”
Pruitt v. Knight Publ'g Co., 218 S.E.2d 876 (N.C. Ct. App. 1975). · cites it 6× “Pursuant to G.S. § 97-33 disability may be apportioned between injuries connected with military service and those sustained in the course of other employment.”
Pruitt v. Knight Publ'g Co., 221 S.E.2d 355 (N.C. 1976). “We note at the outset that G.S. 97-33, pertaining to the prorating of permanent disability between injuries compensable under G.”
Errante v. Cumberland Cnty. Solid Waste Mgmt., 415 S.E.2d 583 (N.C. Ct. App. 1992). · cites it 3× “North Carolina’s Worker’s Compensation Act contains two provisions for apportionment of disability awards: (1) N.C.G.S. § 97-33 (1991) (providing for prorating of a permanent disability award where employee sustained prior disability due to epilepsy, military service, or…”
Bailey v. Smoky Mountain Enter., Inc., 308 S.E.2d 489 (N.C. Ct. App. 1983). · cites it 3× “Defendants next contend that the Commission erred in relying in part on G.S. 97-33 in that it does not allow a plaintiff to be compensated for a 20% disability of the back when he has previously been compensated by the same employer for a 15% disability due to a prior injury.”
Errante v. Cumberland Cty. Sol. Waste Mgt., 415 S.E.2d 583 (N.C. Ct. App. 1992). · cites it 3× “North Carolina's Worker's Compensation Act contains two provisions for apportionment of disability awards: (1) N.C.G.S. § 97-33 (1991) (providing for prorating of a permanent disability award where employee sustained prior disability due to epilepsy, military service, or…”
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