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FOLMER v. W.C.A.B. (SWIFT TRANSP.)

No. 596 C.D. 2007.

958 A.2d 1137 (2008)

Neil FOLMER, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (SWIFT TRANSPORTATION), Respondent.

Commonwealth Court of Pennsylvania.

Decided October 22, 2008.

Attorney(s) appearing for the Case

Nariman P. Dastur, Pittsburgh, for petitioner.

Dale A. Cable, Pittsburgh, for respondent.

BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.

Neil Folmer (Claimant) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) terminating his benefits. In doing so, the Board affirmed the decision of the Workers' Compensation Judge (WCJ) that Swift Transportation, Inc. (Employer) proved by competent medical evidence that Claimant was completely recovered from his work-related injury. Indeed, the WCJ found that Claimant was a malingerer who magnified symptoms...

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