Gilliard Belfast v. Wendy's, Inc., 754 A.2d 251 (Del. 2000)
The Supreme Court held that the IAB's decision to deny claimant, who was ordered by her treating physician not to work prior to a compensable second operation, compensation for total disability while she waited for second operation was contrary to law. In addition, the Court held that a claimant who can only resume some form of employment by disobeying the orders of his treating physician is totally disabled, at least temporarily, regardless of his capabilities.
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