§ 97-42. Deduction of payments. - North Carolina Statutes

§97‑42.  Deduction of payments.

Payments made by the employerto the injured employee during the period of his disability, or to hisdependents, which by the terms of this Article were not due and payable whenmade, may, subject to the approval of the Commission be deducted from theamount to be paid as compensation. Provided, that in the case of disabilitysuch deductions shall be made by shortening the period during whichcompensation must be paid, and not by reducing the amount of the weeklypayment. Unless otherwise provided by the plan, when payments are made to aninjured employee pursuant to an employer‑funded salary continuation,disability or other income replacement plan, the deduction shall be calculatedfrom payments made by the employer in each week during which compensation wasdue and payable, without any carry‑forward or carry‑back of creditfor amounts paid in excess of the compensation rate in any given week. (1929,c. 120, s. 42; 1993 (Reg. Sess., 1994), c. 679, s. 3.7.)