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SMITH v. JAMES THOMPSON & CO.

No. 610, 2005.

918 A.2d 1164 (2007)

Shirley SMITH, Claimant Below, Appellant, v. JAMES THOMPSON & CO., Employer Below, Appellee.

Supreme Court of Delaware.

Decided: February 28, 2007.

Attorney(s) appearing for the Case

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

Christopher T. Logullo, Esquire, of Chrissinger & Baumberger, Wilmington, Delaware, for Appellee.

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

BERGER, Justice, for the Majority.

In this appeal, we again consider whether a claimant who suffers a work-related injury is entitled to disability compensation based only on a treating doctor's instruction not to work. That was our holding in Gilliard-Belfast v. Wendy's, Inc.1 Since the Gilliard-Belfast decision, however, questions have arisen about the scope and applicability of the "no work order" rule. The rationale of...

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