Injured Worker Had No Expectation of Privacy While Working Out at Gym: Cal. Comp. Cases December Advanced Postings (12/1/2015)

Here’s the latest batch of advanced postings for the December 2015 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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Amy Smith, Petitioner v. Workers' Compensation Appeals Board, Walter Claudio Salon & Spa, Inc., State Farm Insurance, Respondents, lexis.com, Lexis Advance

Discovery—Sub Rosa Video—WCAB, denying removal, affirmed WCJ’s finding that defendant was not precluded from using sub rosa video taken of applicant exercising at gymnasium, when film was obtained after investigator followed applicant from her home to gym and purchased “day pass” at gym in order to enter area where applicant was working out, and WCAB found that…

The Hartford, insurer for Acosta, Petitioners v. Workers' Compensation Appeals Board, Lorenzo Washington, Respondents, lexis.com, Lexis Advance

Remand to WCAB—WCAB denied defendants’ petition to remove case to itself, holding that defendants did not make showings required by 8 Cal. Code Reg. § 10843(a), i.e., defendants did not show substantial prejudice or irreparable harm if removal was not granted and also did not show that…

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