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MOODY v. HUNTINGTON INGALLS INC.

No. 16-1773.

879 F.3d 96 (2018)

Russell L. MOODY, Petitioner, v. HUNTINGTON INGALLS INCORPORATED; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: January 3, 2018.

Attorney(s) appearing for the Case

ARGUED: John Harlow Klein , MONTAGNA KLEIN CAMDEN LLP, Norfolk, Virginia, for Petitioner. Christopher R. Hedrick , MASON, MASON, WALKER & HEDRICK, PC, Newport News, Virginia, for Respondent Huntington Ingalls Incorporated. ON BRIEF: Jonathan H. Walker , Bradley D. Reeser , MASON, MASON, WALKER & HEDRICK, PC, Newport News, Virginia, for Respondent Huntington Ingalls Incorporated.

Reversed and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Niemeyer and Judge Agee joined.

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...

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