North Carolina § 97-30 - Partial incapacity.

§ 97-30. Partial incapacity.

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. History (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.) Cross References. - As to credits, see G.S. 97-42. As to certain State law-enforcement officers, see G.S. 143-166.16. Editor's Note. - Session Laws 2011-287, s. 1, provides: "This act shall be known as the 'Protecting and Putting North Carolina Back to Work Act.'" Session Laws 2011-287, s. 11, which, in the first sentence, substituted "January 1" for "October 1" and substituted "in no case shall the employee receive more than 500 weeks of payments under this section" for "in no case shall the period covered by such compensation be greater than 300 weeks from the date of injury," added the present second sentence, and deleted the former second sentence, was applicable to claims arising on or after June 24, 2011. Effect of Amendments. - Session Laws 2011-287, s. 11, effective June 24, 2011, and applicable to claims arising on or after that date, in the first sentence, substituted "January 1" for "October 1" and "in no case shall the employee receive more than 500 weeks of payments under this section" for "in no case shall the period covered by such compensation be greater than 300 weeks from the date of injury," added the second sentence, and deleted the former second sentence, which read: "In case the partial disability begins after a period of total disability, the latter period shall be deducted from the maximum period herein allowed for partial disability." Legal Periodicals. - For comment on the 1943 amendment, which increased the maximum weekly compensation, see 21 N.C.L. Rev. 384 (1943). For survey of 1978 administrative law, see 57 N.C.L. Rev. 831 (1979). For comment on Morrison v. Burlington Indus., 304 N.C. 1 , 282 S.E.2d 458 (1981), see 4 Campbell L. Rev. 107 (1981). For survey, "The North Carolina Workers' Compensation Act of 1994: A Step in the Direction of Restoring Balance," see 73 N.C.L. Rev. 2502 (1995). For article, "Why Aren't You Working?: Medlin with Proof of Disability Under the North Carolina Workers' Compensation Act," see 38 Campbell L. Rev. 211 (2016).