Is this legal?

[ace25]

Still, I have not been in your shoes, but I do sympathize with your situation. Some companies are more aggressive than others, it is true. But your main point is solid. Be honest about your restrictions and don't exceed them. That is the best advice. These companies are not spending a small fortune to try to make people mentally stressed. They are doing it to catch somebody doing something they are not supposed to be able to do. Cycler is correct, other people are often around or involved when activities proving fraud take place.

Right or wrong, most only deploy surveillance when they suspect fraud. It is very expensive, and to get it approved they have to justify their suspicions. There are a number of "red flags" the industry uses. Sometimes the employer has provided information that makes them hire PI's. Sometimes friends and family make anonymous allegations (most states have anonymous tip lines). Another red flag is when workers comp is a "family business". If husband and wife, or multiple family members all have a history of claims, that can put you under immediate suspicion, as it is known that some families will coordinate fake injuries and claims.

[Still in Limbo]

That's Very Understandable Ace, and I See Your Point 100%! My Situation is such that I am in a Deteriorating State at the Age of 47, (42 when Injured) and Throughout All of the Hearings Process, I won 14 1/2 out of the 15 Petitions, and the Appeals Board even Awarded Me a Partial Unreasonable Contest for some of the Defense's Actions! The Judge even went to My Place of Employment, (I was a Class A Driver) and looked at a job that was 4 Hours per Day, 5 Days a Week, Answering Phones and Light Filing, and there was a Head Set and a Leather Couch for Me to Lay on when Necessary, and the Judge Ruled Myself and My Dr. More Credible, and Stated that I could not Perform that Job!! So as You can Plainly See, Their Ship is Sinking Fast, so they are on Me like Bees on Honey trying ANYTHING to Dis-Credit Me, because My Case is Easily Valued at 6 Figures, and if We Win this Next Round at the Commonwealth Level, the Mid-Six Figures!! Now the Sad Part of this is: Before I even went to My First Hearing, I sat down with My Attorney and made a Settlement Offer that was Very Low 6 Figures, with only 2 Years Medical until I could get on SSDI, and they have Spent almost Twice that Fighting Me All of this Time, and the Settlement Negotiations haven't even Arrived Yet!! (The Serious One Anyway!!) That's why I say at Least in My Situation this System is absolutely Backwards, I could of been gone Long Ago, and for a Lot Less!! Now I'm in for the Long Haul and every Dam* Penny I can get, I tried to be Civil, and they Chose to take the Long Road, at a Cost that I'm Sure they Never Dreamed!! Just as an Example Ace, My Attorney has filled a 3 Drawer File Cabinet with My Files Only, and My PM Dr. has 3 Folders, each about 4 Inches Thick, and has Me Totally Disabled, and They are the Credible Dr. in the Case! It's a Shame but They chose this Battle, and they are Sure as He** going to get it!!

[kate]

Having been on both sides as IW and adjuster, I can tell you that there is no way they are surveilling him with a helicopter. As an adjuster, I would get numerous reports of someone claiming total disability that was conducting their own business on the side. I was lucky if I could get approval for 4 hours of surveillance from a cheap PI in a car much less days and days from a helicopter.

Absolutely, positively not happening. That helicopter is there for a totally different reason.

[jayne]

most likely right,but I can tell you from on here WC becoms a family business....My husband was hurt first...when I tried to carry it all it was almost 3 years and then I went down......Most of us on here were hard labor workers.....both husband and wife....My husband was a rig driver for pepsi while he didnt load his truck he unloaded it all day built displayes and lifted 50 or more lbs over and over all day long 14 to 16 hour days.....I worked for Salvation army lifting, moving,sorting,washing it was a long hard day I worked 8 to 10 hours a day...I loved it my kids were welcome to my job after school and on weekends and they also worked as volunteers for the S.A. I and adopted 3 of my children that were dropped off there.....I worked hard and long for that store.......I would be there today if I could Family business no way we lost our retirement savings just trying to keep our farm......instead of a new 3/4 ton and a large 5th wheel for retirement we have a 30 year old motor home and no hope of ever saving what we lost again......we live in pain 24/7 To do this on purpose would be a sin agaisnt everything we hold dear......

[DiscDude]

I figured it out!!!! I know many of you think I am crazy but I posted this in hopes the next person they do this to can know they are not alone and the things the system will do to take away your privacy. Anyways back in late April I was going to the grocery store close to my place. When I was making a right turn this guy jumps right out in front of my car and is like my wife is in labor and I need a ride to where she is. Me being the nice guy I am I gave the guy a ride. About 10 minutes down the road and that was it. I was suspicious but just hoped that God saw me doing something good and I would be blesssed somehow. Well this weekend they have people all at the park looking like joggers or normal people following me around. I did nothing to break any restrictions just walk my dog. Well today I went a route that I normally dont go because I know they are all over the place I normally go and I have been changing it up on them. So I park my car in a differplace I walked across this bridge and I have never been at this part of the park before. Off of the trail just letting my dog sniff around and I almost passed out the same guy I gave a ride to walks right by me. I was shaking and freaking out I couldnt beleive it, that is how they know everywhere I go that day he put a tracking device somewhere on my car. I know some people think I am crazy but imagine if I am not crazy and this is really happening to me. And no one beleives me. And I cant get support it is the worst situation to be in. They have made my life hell this pass 3 months following me around and I am really injured that is why the surveillance continues because they don't have anything. And now I get this QME request and there is a paper in there about surveillance being requested. So I know I am not crazy requested 04/24/09. And when I go to the QME they are going to show pictures of me walking my dog but probably crop my dog out and say look he is not hurt. A bunch of BS. Please I am not laughing or pulling anyone's chain. They are ruining my life and no one beleives me is the worst part of it. Lesson learned for anyone just being injured trust no one and give no rides or give access to your property.

[Still in Limbo]

Disc Dude, I can Truly Tell You that I have been Followed Extensively over the Last 5 Years, and it's a Come and go Situation, and they did not Put a Device on Your Vehicle!! Did You ever Think the Guy You Helped Lives Near, if You only had to Drive Him 10 Minutes away?? He's allowed to Use the Park also, and if You've Only Seen Him Once since then, Why would You even Consider that?? You May have been Followed, and I Believe that's True, but Unless You are worth 7 Figures in a Settlement, (By the Way I don;t Believe there has Ever been a 7 Figure w/c Case Actually Paid!!) They are not going to Fill a Park Full of People, that Would Cost about $250.00 per Person Per Hour, and the Cost to get There!! You Really have to get Calmed Down, I would Guess they Have Probably a Total of 50 to 60 Days Total Surveillance Film on Me, and Maybe 200 Photos, and not One Perice of Film, or One Photo has ever been Used in My Case!! And Surveillance for a PERSON FOLLOWING THEIR RESTRICTIONS is Only a Pain in the A**, and not Worth a Plug Nickel in Court!!! RELAX!!! ALL Films and Photos have to Be Viewed by Your Counsel First, and they Have to Be Date and Time Stamped, so if You have Done Nothing Wrong, Smile and Walk Your Dog!!!

[1171]

my 2 cents:

from my limited experience most surveillance & PI work in workers comp is just to satisfy an agressive policyholder.
it covers the carriers butt! and gives them an excuse to blame the system or the judge etc.
work comp is no fault and it rarely pays off in comp court but does help renew the policy when it's time for the employer to sign.
if the carrier accidently gets something then it's a double win; otherwise the adjuster just needs to make sure the policyholder knows it was tried.

[bronco54501]

Hey DiscDude
I really dont think your crazy, and like still has said maybe you have been followed. I for 1 live in the country at the end of the road closest road is a half mile away, I also travel through 8 different city's every day for work and have to go into 30 - 40 different buisnesses a day. With that all said I have never once felt they are watching me, but heck who knows maybe they have but not noticed. I am not worried for they can take exrays and see the proof that I'm not faking. I also stick to my restrictions to the t nothing more ever!
I know already I'm not going to be rich off WC and aint trying to be but all I want is my medical reimbursted and my future medical ( for they know I will need a new hip ).

I dont think anyone here thinks it's a joke but maybe you have seemed to stretch the truth a bit. Or you are in a state of shock and maybe you need some sych help. Either way I hope you find peace and the spy games thier playing stop soon for if it was me I would have gone sycho by now.

DiscDude, I think I have asked this question allready and I am sorry if I have missed this but.................What is your injury and how did it happen.....? It's got to be a whopper for them to take that much intrest in your case.............Please let us know it will ease our minds and help us understand your needs...................Bronco

[jayne]

what most of us that have been followed know......it just takes once to make you paranoid......and if you have been followed a couple of times it tends to make you really paranoid

[jayne]

1171 Wrote:my 2 cents:

from my limited experience most surveillance & PI work in workers comp is just to satisfy an agressive policyholder.
it covers the carriers butt! and gives them an excuse to blame the system or the judge etc.
work comp is no fault and it rarely pays off in comp court but does help renew the policy when it's time for the employer to sign.
if the carrier accidently gets something then it's a double win; otherwise the adjuster just needs to make sure the policyholder knows it was tried.

Thanks 1171 that makes sense