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State court of last resort · ST-VA-SC
McKellar v. Northrop Grumman Shipbuilding
No. 140999Supreme Court of Virginia
140999 McKellar v. Northrop Grumman Shipbuilding 10/29/2015 The Court of Appeals erred in ruling that retirement precluded an injured worker from receiving an award of temporary total disability benefits under…
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140999 McKellar v. Northrop Grumman Shipbuilding 10/29/2015 The Court of Appeals erred in ruling that retirement precluded an inj…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Oct 29, 2015
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140999 McKellar v. Northrop Grumman Shipbuilding 10/29/2015 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. The statute applies to totally disabled workers who have lost the capacity to earn wages, and an injured worker's status in the labor market is irrelevant where the incapacity is total. Thus, a retired worker whose work-related injury causes total incapacity need not produce evidence of a pre-injury intent to reenter the workforce. In denying an award of temporary total disability benefits in this case, both the Commission and the Court of Appeals failed to apply the…
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