Charles H. Smith, III ( plaintiff ), entered into a contract with defendants on 1 March 2000 to play professional football for the Carolina Panthers ( Panthers ) of the National Football League ( NFL ). In the award, plaintiff was awarded partial disability compensationof $588. 00 for 300 weeks with a fourteen-week credit to defendants. Plaintiff was also awarded payment for past and future medical coverage for injuries, diseases, and conditions resulting from the injury. Whether an employer is awarded a credit for payments made to an employee post-injury is governed by N. C. Gen. Stat. This provision expressly provides that payments made by the employer which were 'due and payable' when made are not deductible.

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