Mixed Surveillance Video and the Client's No-Contact Instruction
You are a licensed investigator assigned to a two-day workers' compensation surveillance in Worcester. The claimant, a 47-year-old warehouse worker, alleges a back injury and says he cannot lift more than 10 pounds. The insurer's instructions are to observe and document, not to interview or confront. On day one, you film him carrying a 40-pound bag of dog food from a store to his car, then driving to a church and spending 50 minutes inside. On day two, he shovels snow for 25 minutes, then stops and holds his back. The client calls at noon: 'Go knock on his door and get him to admit he's faking. Also, get a copy of his medical file from the clinic-I'll authorize it later.' You have video files on two cards and a handwritten log. What do you do?
1. How should you handle the surveillance evidence and log to make it usable and defensible?
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Document each observation contemporaneously: date, time, location, weather, camera, lens, distance, and whether the view was unobstructed. Note both incriminating and exculpatory behavior-the 40-pound bag and the back-holding after shoveling. Preserve original files on both cards; do not edit, overwrite, or delete. Make a working copy, hash or otherwise document the original, and keep a chain-of-custody log. The handwritten log should be dated, signed, and preserved; if you type it, keep the original. Video should be continuous or clearly explain gaps. Report only what you saw; do not characterize the claimant as 'faking.' If the client wants a clip reel, provide it with a statement that it is a compilation and the full video is available.
2. Evaluate the client's two requests: confronting the claimant and obtaining the medical file.
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Do not confront the claimant. The engagement expressly said observe and document; a confrontation can compromise the case, create a safety risk, and produce an involuntary or misleading statement. It may also exceed the client's authority. If an interview is later authorized, identify yourself truthfully, state the purpose, and do not misrepresent your role. Do not obtain the medical file from the clinic. Medical records are protected by state and federal confidentiality law; the insurer's 'authorization later' is not enough. The client must provide a valid written authorization from the claimant or a lawful subpoena or court order. A PI should not use pretext or improper inducement to obtain protected records. Advise the client in writing of both refusals and the reasons.