Lawyer, Lawyer, Dutton & Drake, L.L.P.Representing Only The Injured!
Free Initial Consultation
515-421-8825
View Our Practice Areas

STOP HIDING VIDEO SURVEILLANCE AND PICTURES OF INJURED WORKERS!

logo.jpg

STOP HIDING VIDEO SURVEILLANCE AND PICTURES OF INJURED WORKERS! In January 2013, the Polk County District Court affirmed a ruling from the Iowa Workers' Compensation Commissioner that all evidence in the possession of the employer, insurance company or its attorneys must be produced, unless the defense can establish a legitimate explanation as to why it should not be allowed to withhold relevant information.  For many years discovery abuse has taken place in the state of Iowa allowing insurance companies to withhold videotape surveillance information of injured workers.  The insurance companies argued that the videotape images were special, and therefore it could either hide the videotape evidence (if it showed the injured worker having physical problems) or it could hold that evidence until the last moment to spring it as a surprise on the injured worker at trial.  This has always been a bogus argument and now both the Iowa Workers' Compensation Commissioner and Judge Rosenberg of the Polk County District Court have ruled this legal nonsense must stop.  The rule is simple: if you have evidence relevant to any issue in the case, you must produce it.  "Ruling denying motion to stay enforcement of surveillance order"  Property Casualty insurers of America v.  Division of Iowa Workers Compensation, Polk County case #CV 9482  (Judge Rosenberg, January 25, 2013) ("secret surveillance of an alleged injured worker is equally subject to disclosure.  It is not work product all; it is evidence.") GIVE US A CALL 515-224-4400.

lldd-020.jpg

No Comments

Leave a comment
Comment Information
How Can We Help You?

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Lawyer, Lawyer, Dutton & Drake, L.L.P.

Lawyer, Lawyer, Dutton & Drake, L.L.P.
1415 Grand Ave.
West Des Moines, IA 50265

Phone: 515-421-8825
Fax: 515-223-4121
West Des Moines Law Office Map