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  1. #1
    Join Date
    Jul 2010

    Default Surprise Sub Rosa Film During Formal WC Hearing

    My workers compensation claim was made in the State of: DC

    I just had a nasty surprise at my formal hearing (WC version of a trial). I had been deposed and all the discovery had been done and the hearing date was set. I went in today expected it to be a formal hearing like many I have read online but just as the defense lawyer shows up and he has the company vp in tow and another guy. My lawyer comes to me and says there is a PI there and that they have a TV and a sub rosa film and I was nervous and confused. I always stayed within the restrictions i was given but we all know how video can be doctored or messed with.

    They stated the the sub rosa film was to impeach my testimony and the basically means it will prove that I am a liar, but hears the catch. I had to go through the entire hearing which was two hours long before I was able to see the video. So after the 2 hour plus hearing the PI get sworn in and the brings in a tv and sets it up. My lawyer,the judge and everyone piles around this tv and the video starts showing me pushing snow off my driveway. You see me push for about 60 seconds then take a break leaning on the shovel, then I start pushing snow again. I didn't really shovel because it would be very painful so I just kind of pushed the snow off the driveway. Then about 2-3 minutes into the video I hobble over to the tailgate of my truck and take a little break. I remember seeing the car sitting across the street from my house and have seen them follow me before but I was surprised that this was what they spent the $$$$ on because it didn't show be breaking any restrictions....actually it was showing me doing things just like I said.

    About 4 minutes into the 8 minute film the judge told them to stop the video. She said that it showed nothing and that she was throwing it out. She asked the defense lawyer "if there is nothing else on this video you can shut it off now because its not showing us anything"!!!!!! It was great to watch the PI shut off his video and see all his time go right down the drain. It made me look more honest. I could go on and on but just wanted to share this and vent a little. The lesson here is always remember to be honest and do what you can and let them waste their money. Good luck to you all.

  2. #2
    Join Date
    Jun 2011

    Default Re: Surprise Sub Rosa Film During Formal WC Hearing

    Thats awesome!!!
    I was biting my nails reading that because I thought you were going to say that that video messed you up, but that outcome was fantastic! Good for you!!!!

  3. #3
    Join Date
    Oct 2006

    Default Re: Surprise Sub Rosa Film During Formal WC Hearing

    more then likely it was the employer that wanted the surveillance and pushed it to be shown at trial.
    glad the VP was there to see how weak such footage is in workers comp cases.
    most lawyers know that 90% of PI work is just to impress the policyholder and has little value in winning a case.

  4. #4
    Join Date
    Jul 2010

    Default Re: Surprise Sub Rosa Film During Formal WC Hearing

    SH your right of course. And the VP is the very hands on type. From transcripts of other WC hearings I have read online( god bless google) most ERs don't even show up at hearings they just send the lawyers. It just goes to show that surveillance happens everyday in comp. and like you said 90% of it is useless but we always seem to hear about that 10% that is "ruining poor ER/IC with IWs devious fraud" just felt good to get it out for everyone hear to see.

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