Christie v. Georgia-Pacific Co.

Retirement status alone, in and of itself, is not dispositive to determining disability under the Longshore and Harbor Workers' Compensation Act. The Ninth Circuit granted a petition for review of the Benefit Review Board's decision denying claimant disability benefits under the Act. The panel interpreted the language of 33 U.S.C 902(10) defining "disability," and held that claimant's decision to retire early did not prevent him from receiving permanent total disability benefits. In this case, substantial evidence supported the ALJ's findings that claimant was disabled within the meaning of the Act and that he has attained maximum medical improvement, no longer being able to return to work. Therefore, the panel reversed and remanded for a calculation of the permanent total disability benefits to be awarded to claimant. View "Christie v. Georgia-Pacific Co." on Justia Law