What the panel ordered
Petition for removal granted as a petition for reconsideration; WCJ's order amended to find defendant's Exhibit B inadmissible and clarify that applicant may depose investigators regarding the sub rosa video.
Applicant petitioned for removal of the WCJ's Findings of Fact and Order admitting sub rosa surveillance video; the WCAB treated the petition as one for reconsideration and reviewed the admissibility of the video and related discovery issues.
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.
Defendant's failure to provide investigator and witness logs does not require exclusion of the sub rosa video absent a genuine dispute as to authenticity or relevance; applicant may still object and seek discovery.
From the decision · page 6Here, we agree with the WCJ that nothing in the governing statues or regulations appears to per se require defendant to provide investigative and witness logs that correspond to sub rosa surveillance it intends to forward to the AME along with the surveillance videos themselves. Nor do any of the cases cited in the Petition directly involve the statutory and regulatory provisions at issue here. Accordingly, the failure to serve those logs on applicant does not compel a finding that the sub rosa surveillance must be suppressed.