Neil Folmer was injured at work when he was hit in the face by a box of crowbars while unloading a truck in 1995. He filed a claim for disability benefits which was granted in 1998 stating he was totally disabled by positional vertigo, cervical disc syndrome or cervical myalgia and tension headaches. This determination was based on a treating chiropractor’s statement that a 1996 MRI showed a small central disc protrusion and that Folmer’s vertigo was caused by compression of the 8^th cranial nerve.

In 2001, a termination petition was denied. In 2003 a second termination petition was made. Testimony was presented by a neurosurgeon that found no evidence of positional vertigo or cranial nerve damage. A neurologist ruled out problems with his brain, nerves, discs, and spinal cord and did not find dizziness. The employer testified that this neurologist faked a number of symptoms throughout the exam.

Eventually the Pennsylvania Commonwealth Court panel ruled 4-3 that the testimony of two doctors was enough to prove that the claimant was feigning symptoms and his disability benefits were terminated.

Per article by Zack Needles in Law.com