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WCAB Clarifies Procedure for Submitting Sub Rosa Video to QMEs

Posted by:  Sure S. Log
Topics: QME qualified medical evaluator credibility video sub rosa deposition disclosure surveillance production LC 4062.3

The use of sub rosa surveillance video is a powerful tool in workers' compensation, often used to challenge an applicant’s credibility regarding the claimed level of disability. The timing and procedure for providing such evidence can be a point of significant dispute.

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Producing Video Evidence Prior to Applicant's Deposition

Posted by:  Sure S. Log
Topics: credibility video sub rosa deposition disclosure surveillance production post-injury

Video evidence is admissible in workers' compensation proceedings. Generally, it's obtained by a defendant after an applicant reports an injury and the defendant questions the applicant's credibility. This type of evidence can be called surveillance evidence or sub rosa evidence, and the parties often dispute when it must be produced.

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