1. Alan Macfarlan worked as a maintenance director at a rehabilitation and nursing facility. On January 24 he had a stroke, so he took leave beginning January 29 under the FMLa. in april, his doctor said he could return to work May 1 for four hours a day as long as he did not move loads heavier than 20 pounds. The facility's administrator told him part-time work was unavailable. Then the doctor cleared him for full-time work with the load restriction. The facility fired him on April 20 and told him he would not be re-hired with load restrictions. From the time he was fired until July, when he was cleared to work without restrictions, Macfarlan received disability benefits from his insurer. He later sued the facility, claiming that by refusing to allow him to return to work in April, when he was cleared for full-time but restricted work, the facility had denied him his right under the FMLA to be restored to his previous or an equivalent position. The facility argued that since he received disability benefits based on his claims, with supporting medical documentation, he was unable to perform the duties of his regular occupation and therefore that it had not violated the FMLA and that the court should rule for it. Should it?