Nay v. Cornerstone Staffing Sols.

**Nay v. Cornerstone Staffing Solutions: Court Clarifies How Workers' Compensation Wages Are Calculated** This case involved a worker who disagreed with how North Carolina's Industrial Commission calculated their average weekly wages for workers' compensation benefits. The worker believed the calculation was unfair and challenged the method used under state law. The North Carolina court focused on a technical but important question: whether determining a worker's average weekly wages and deciding if that calculation is "fair and just" should be treated as a legal issue (decided by judges) or a factual issue (decided based on evidence). This distinction matters because it affects how these decisions can be appealed and reviewed by higher courts. The court addressed this procedural question about wage calculations under North Carolina General Statute 97-2(5), which governs how workers' compensation benefits are determined. **What this means for workers:** This ruling helps clarify the process for challenging workers' compensation wage calculations in North Carolina. When workers believe their average weekly wage has been calculated incorrectly, this decision provides guidance on how such disputes will be handled in the legal system. Workers should understand that wage calculation disputes may involve both legal and factual considerations when seeking workers' compensation benefits.