McKellar v. Northrop Grumman Shipbuilding

Two weeks after Preston McKellar announced that he would be retiring as a structural welder for Northrop Grumman Shipbuilding, McKeller was injured during the course of his employment. Two weeks later, McKeller retired as scheduled. McKeller filed a claim against Northrop Grumman seeking medical benefits and temporary total disability compensation. A deputy commissioner with the Virginia Worker’s Compensation Commission awarded medical benefits as well as temporary total disability benefits. The Commission affirmed the award of medical benefits but denied the claim for temporary total disability benefits. The Court of Appeals affirmed, concluding that McKellar’s retirement, rather than his injury, caused his loss of compensation because the record supported the Commission’s finding that McKellar intended to retire and not seek other employment income. The Supreme Court reversed, holding that the deputy commissioner correctly found that McKeller was entitled to temporary total disability compensation because he was totally disabled and lacked all earning capacity. View "McKellar v. Northrop Grumman Shipbuilding" on Justia Law