Moody v. Huntington Ingalls Inc., No. 16-1773 (4th Cir. 2018)Annotate this Case
Voluntary retirement before the onset of a workplace injury's debilitating effects does not preclude the existence of a "disability" under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. 901, 902. In this case, a shipyard employee suffered a workplace injury but did not undergo surgery until after he retired. Plaintiff sought disability benefits for the two-month, post-surgery period during which he was not medically cleared for work. The Fourth Circuit held that the Benefits Review Board misinterpreted the act by denying plaintiff his disability claim. Therefore, the court reversed and remanded.