Legal Question in Workers Comp in Pennsylvania

Re: Insurance Investergators

Yes, it is legal. I have defeated surveillance evidence on several occaisions and am familiar with its use.

When you are in your house, you have an expectation of privacy. If any person including an investigator intrudes, then such evidence is not admissable against you and in fact may constitute a crime against the person. Imagine your wife is breast-feeding and someone with a high-powered lens is photographing her.

However, once you are outside the "castle" different rules apply, as you probably noticed from all the webcams and street cameras pointed at the public. Nobody asked us. No vote or plebiscite. They just started springing up. Why? because all lawyers agree there is no expectation of privacy out in public. so there you go.

If your home is secluded, an investigator may have to practically trespass on your land in order to gain some evidence.

If you are bowling and skydiving and it is captured on film, good luck to you and your lawyer.

If what the film actually captures is a man walking older than his age, unsteady, trembling, then the surveillance taping scheme can backfire. In fact, Claimants' Counsel is advised to discover any tape which may actually be helpful to the worker rather than the insurance company.

In conclusion, the Insurance Carrier is going to try to stop benefits. So the time is nigh to strike a bargain via Compromise and Release since commutations were de facto abrogated by Act 57.

Across the Copmmonwealth, there were only Three (3!) Commutations before WCJs in 2006. Thanks, Tom Ridge.

Here's hoping you Get Well,

TV

Re: Insurance Investergators

Yes. They can conduct surveillance to some extent. If they get too blatant about it though to the point it becomes harassment, you should go to the Magisterial District Judge when the District Attorney is there and complain about someone stalking you. I would not accuse the insurance company, though, I'd let the police find out who it was. You may be wrong about it being the insurance company and, even if it is, it works in your favor that you didn't jump to conclusions.

Re: Insurance Investergators

The insurance company has a right to conduct surveillance but you should not worry as long as you act in accordance with your doctor's restrictions. However, if they are conducting surveillance then they are preparing a case to challenge your right to benefits. You should absolutely contact our office to prepare your defense in advance. Please call me as soon as possible.