Legal Opinion

Russell Moody v. Huntington Ingalls Inc.

Court of Appeals for the Fourth Circuit

Decided January 3, 2018No. 16-1773PublishedCited by 3 opinions

1Opinion of the Court

GREGORY, Chief Judge:

Russell L. Moody, a shipyard employee, suffered a workplace injury but did not undergo surgery until after he retired. He sought disability benefits for the two-month, post-surgery period during which he was not medically cleared for work. The Department of Labor’s Benefits Review Board denied his disability claim under the Longshore and Harbor Workers’ Compensation Act (the “LHWCA” or “Act”). 33 U.S.C. §§ 901, 902(10), 908. The sole question on appeal is whether voluntary retirement before the onset of a workplace injury’s debilitating effects precludes the existence of…

2Cases cited10 opinions

  1. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  2. Sebelius v. CloerSupreme Court of the United States · 2013
  3. Potomac Electric Power Co. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1980
  4. P. C. Pfeiffer Co. v. FordSupreme Court of the United States · 1979
  5. Metropolitan Stevedore Co. v. RamboSupreme Court of the United States · 1997

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3Cited by3 opinions

  1. Stanley Christie v. Georgia-Pacific CompanyCourt of Appeals for the Ninth Circuit · 2018
  2. Charles Christopher WrightUnited States Bankruptcy Court, D. South Carolina · 2020
  3. Michael Robirds v. Ictsi Oregon, Inc.Court of Appeals for the Ninth Circuit · 2021

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