§ 97-30. Partial incapacity. - North Carolina Statutes

§97‑30.  Partial incapacity.

Except as otherwise providedin G.S. 97‑31, where the incapacity for work resulting from the injury ispartial, the employer shall pay, or cause to be paid, as hereinafter provided,to the injured employee during such disability, a weekly compensation equal tosixty‑six and two‑thirds percent (66 2/3%) of the differencebetween his average weekly wages before the injury and the average weekly wageswhich he is able to earn thereafter, but not more than the amount establishedannually to be effective October 1 as provided in G.S. 97‑29 a week, andin no case shall the period covered by such compensation be greater than 300weeks from the date of injury. In case the partial disability begins after aperiod of total disability, the latter period shall be deducted from themaximum period herein allowed for partial disability. An officer or member ofthe State Highway Patrol shall not be awarded any weekly compensation under theprovisions of this section for the first two years of any incapacity resultingfrom an injury by accident arising out of and in the course of the performanceby him of his official duties if, during such incapacity, he continues to be anofficer or member of the State Highway Patrol, but he shall be awarded anyother benefits to which he may be entitled under the provisions of thisArticle. (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.)