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Blog: Surveillance Can Be A Helpful Tool In Workers' Compensation Claims

June 16, 2015

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That tool was compromised significantly by rulings of the prior workers’ compensation commissioner which required disclosure before claimant’s could be deposed and cross-examined about their claims. The Iowa Supreme Court today reversed all of the prior rulings on the disclosure of surveillance materials. The court has determined that the workers’ compensation commissioner did not interpret Iowa Code Section 85.27(2) correctly in requiring the disclosure of surveillance video and related materials in the same manner as a medical record and before a claimant is deposed. The court restored the prior rule which allowed the defense to withhold disclosure until a later date, such as after the claimant is deposed. This makes surveillance more valuable as a tool for cross-examination, work product and development of defense strategy. The ruling applies to anything that would be protected as work product, which is now again protected from disclosure. Surveillance will once again be a helpful tool in addressing workers’ compensation claims.

Click here for a copy of the decision. 

This blog post is authored by Sarah Kleber and meant for informational purposes only. It is not meant to provide legal advice in any particular circumstance or factual situation. You should consult with an attorney prior to taking any action regarding the information contained herein.  

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