Supreme Court of Delaware

The previously established rule, that a claimant who suffers a work-related injury is entitled to disability compensation based only on a treating doctor's instruction not to work, applies also to a treating physician's good faith "no work order," where the physician acknowledges that the claimant is capable of some form of work.

Appellate Information

• Decided 02/28/2007
• Published 02/28/2007

Judges

• BERGER, Justice, for the Majority., Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Walt F. Schmittinger, Esquire, of Schmittinger and Rodriguez, P.A., Dover, Delaware, for Appellant.


• For Appellees:
  
• Christopher T. Logullo, Esquire, of Chrissinger & Baumberger, Wilmington, Delaware, for Appellee.