N.C. Appeals Court Upholds Award, Remands for Recalculation

RALEIGH, N.C. - Upholding an award by the North Carolina Industrial Commission to an employee suffering from job-related asbestosis, the state's Court of Appeals remanded the issue of calculation of the employee's average weekly wage and resulting benefits to clarify the basis for the amount awarded. Clark v. ITT Grinnell Industrial Piping Inc.,et al., No. COA99-246 (N.C. Ct. App.).

The three-judge appeals panel on Dec. 29 said the Commissions findings as to the 'fair and just' method of calculating plaintiff's average weekly wage were insufficient to support its conclusion as to the compensation rate.

Defendant-employer ITT Grinnell Industrial Piping Inc. …