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Issue: When does a surveillance video need to be provided to Claimant’s attorney
Claimant sent Employer and Insurer interrogatories and requests for production asking to produce any surveillance evidence they had. Employer and Insurer objected to the request based on the work product doctrine and that the information sought was beyond the scope of discovery. The rule has been that surveillance must be turned over after the claimant’s deposition. However, employer and insurer refused to produce the surveillance after claimant’s deposition as they had not determined whether they would use the surveillance at hearing.
The department determined that surveillance materials were work product and not discoverable until the Employer and Insurer determine that it will use the surveillance, in any way, at hearing. The judge determined that if Employer and Insurer wanted to use the surveillance material at hearing, it must provide Claimant a copy of the materials at least 30 days prior to hearing. This is a change from previous rulings and will be interesting if the matter goes up on appeal.
Let me know if you have questions. Charlie Larson (605) 336-2424 orcalarson@bgpw.com