What the panel ordered
Petition for reconsideration granted; Findings and Order amended to require defendant to produce video footage prior to applicant's deposition
Petition for reconsideration of a Findings and Order denying production of video evidence prior to deposition
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Jurisdiction / venueApplicant prevailedshoulders · nervous system · psyche
The Appeals Board found that the video footage was not sub rosa surveillance but footage of the incident itself, which must be produced prior to deposition to avoid prejudice to the applicant.
From the decision · page 1Applicant seeks removal of the Findings and Order ("F&O") issued on September 17, 2024, wherein the workers' compensation administrative law judge ("WCJ") concluded that defendant need not produce a video recording of applicant's injury prior to applicant's deposition. Applicant asserts that the WCJ erred because the video is a video of the alleged incident itself, not sub rosa surveillance, and is therefore properly discoverable prior to her deposition.