Gunderson v. County of Kern: How "Sub Rosa" Surveillance Impacts Workers' Comp and Disability Cases скачать в хорошем качестве

Gunderson v. County of Kern: How "Sub Rosa" Surveillance Impacts Workers' Comp and Disability Cases

Welcome to the Burgis Law Firm’s channel! I'm Michael Burgis, a certified legal specialist in California Workers' Compensation and a seasoned trial attorney, and in this video, I will break down the pivotal case of Gunderson v. County of Kern and its implications for disability claims and workers' compensation litigation. Are you an attorney who was recently served with video evidence in a workers’ comp case? Do you fear that this surveillance footage—often referred to as sub rosa—could jeopardize your client's credibility? This video will guide you through the complexities of video analysis, admissibility, and the critical elements of authentication that can make or break your case. In workers’ compensation claims, defense attorneys commonly use surveillance footage to present adverse evidence against injured workers, challenging their claims' credibility and legitimacy. As we dive into the nuances of this case, you’ll learn how to handle video evidence effectively and what steps you need to take to ensure your client’s rights are protected throughout the court procedures. Key Moments: Introduction to Concern (00:00:00 - 00:00:09) Introduction of Speaker (00:00:10 - 00:00:17) Case Overview (00:00:30 - 00:00:38) Definition of Subrosa (00:00:50 - 00:00:56) Common Reaction to Subrosa Evidence (00:01:23 - 00:01:36) Importance of Reviewing Subrosa (00:01:40 - 00:01:56) Admissibility of Subrosa (00:02:11 - 00:02:22) Steps for Admissibility (00:02:31 - 00:03:06) Authentication Requirements (00:04:00 - 00:04:18) Potential Legal Technicality (00:04:29 - 00:04:43) Advice for Attorneys (00:05:05 - 00:05:09) Takeaway Message (00:06:09 - 00:06:24) Key Points Covered: Understanding Sub Rosa: We’ll explore what sub rosa is and how it typically functions in a workers' compensation setting, often to impeach the injured worker's credibility by showing them engaging in physical activity. Trial Strategy: Discover effective trial strategies to counteract the negative implications of sub rosa. I will discuss the importance of reviewing the footage thoroughly before assuming it is detrimental to your case. Authentication and Chain of Custody: It’s crucial for the defense attorney to properly authenticate video footage. We will discuss the importance of the chain of custody and how it affects the admissibility of evidence. You’ll learn how to question the authenticity of the footage if proper procedures are not followed. Due Process and Evidence Disclosure: Understand the necessity of evidence disclosure before the mandatory settlement conference (MSC) and why injured workers must be informed of any surveillance that may impact their case. Technicalities that Matter: Explore various technicalities in litigation that could lead to the exclusion of sub rosa footage, including failing to list necessary witnesses on the witness list and neglecting to establish proper authentication. Case Outcomes: I will provide real-life examples of how I successfully navigated cases where surveillance footage could have adversely impacted the outcome, emphasizing the importance of client representation and understanding California law. Witness List and Impeachment: We’ll also touch upon the significance of having a well-prepared witness list and how to challenge the introduction of video evidence during trial, including potential impeachment of the credibility of the evidence. By the end of this video, you’ll be better equipped to tackle challenges posed by surveillance footage in workers' compensation claims and enhance your litigation strategy. Remember, just because adverse evidence is presented does not mean your case is lost. For more insights on legal rights, video evidence, and workers' compensation litigation, subscribe to our channel, and hit the notification bell for updates on our latest videos. If you have any questions or need assistance with a workers' compensation claim, feel free to reach out to us at MB&A. We're here to help you navigate the complexities of the legal system. Thank you for watching, and let’s dive into the case of Gunderson v. County of Kern!