Nay v. Cornerstone Staffing Solutions, et al.

Michael Bertics

Lennon, Camak, & Bertics PLLC

Michael Bertics, of Lennon, Camak & Bertics, PLLC, in Raleigh is a board-certified Workers’ Compensation specialist who has practiced exclusively in the areas of Workers’ Compensation and Social Security Disability Law for his entire career. He is a past chair of the N.C. Bar Workers’ Compensation Specialization Committee.

He is a frequent lecturer at workers compensation and Social Security legal education conferences and has given over 40 presentations on a wide range of subjects in workers’ compensation and Social Security law. He has substantial workers’ compensation litigation experience, trying workers’ compensation cases at all levels, from the initial hearing all the way through the North Carolina Supreme Court.  He is frequently associated as lead counsel in complex workers compensation claims by attorneys around the state.

Bertics is secretary of NCAJ’s Workers’ Compensation Section. He is a member of the Disability Advocacy Section and the Legal Affairs Committee.

He earned his law degree from the University of North Carolina School of Law. Bertics has been an NCAJ member since 2006.

Elizabeth Stewart Poisson

Legislative Vice President

Stewart Poisson is a partner in Poisson, Poisson & Bower, PLLC in the firm’s Wilmington office, where she represents plaintiffs in workers’ compensation and personal injury matters. She has litigated numerous cases before juries and the Industrial Commission and handles cases before the Supreme Court of North Carolina and the North Carolina Court of Appeals. Poisson serves as a member of the State Bar’s Workers’ Compensation Specialization Subcommittee and Authorized Practice Committee. 

Stewart is a member and AAJ Liaison of NCAJ’s Auto Torts and Premises Liability Section, member and Legal Affairs co-chair of NCAJ’s Workers’ Compensation Section and is a member of NCAJ’s Women’s Caucus Section.

Stewart earned her law degree at UNC School of Law and has been a member of NCAJ since 2004.

Case Link View Now
Opinion Filed February 11, 2022
Attorney for the Case Kathleen Sumner
Amicus Brief Writers Michael Bertics Elizabeth Stewart Poisson
Court NC Supreme Court
Docket No. 409PA20

Nay v. Cornerstone concerns the proper method for calculating the average weekly wages of employees of temporary employment agencies. The Industrial Commission elected to divide the wages earned over roughly 13 weeks by 52 weeks resulting in a relatively minimal average weekly wage. The NCAJ offered amicus assistance at the Court of Appeals level.

The Court of Appeals reversed the decision of the Industrial Commission and calculated the plaintiff’s average weekly wage by dividing the wages earned by the weeks worked. Defendants filed a petition for discretionary review to the North Carolina Supreme Court which was granted. The NCAJ has also provided amicus assistance at the Supreme Court advocating for the injured workers’ wages to be divided by the actual weeks worked. Given the prevalence of temporary staffing agencies in our work force, the issues presented in this case are critical to preserving the workers compensation safety net for their employees.