McKellar v. Northrop Grumman Shipbuilding, Inc.

PRESENT: Lemons, C.J., Goodwyn, Mims, McClanahan, Powell, and Roush, JJ., and Russell, S.J. PRESTON L. McKELLAR OPINION BY v. Record No. 140999 CHIEF JUSTICE DONALD W. LEMONS October 29, 2015 NORTHROP GRUMMAN SHIPBUILDING, INC., ET AL. FROM THE COURT OF APPEALS OF VIRGINIA In this appeal, we consider whether the Court of Appeals erred in ruling that retirement precluded an injured worker from receiving an award of temporary total disability benefits under Code § 65.2-500. I. Facts and Proceedings The underlying facts in this case are undisputed. Preston L. McKellar (“McKellar”), worked for 42…