Fisher v. Waste Management of Missouri

MICHAEL A. WOLFF, Judge.

When an employer makes surveillance videotapes of an injured employee, must the employer disclose the videotapes as “statements” under the workers’ compensation statute?

We hold that a surveillance videotape is a statement under section 287.2151 of the workers’ compensation law and, ■ as the statute provides, cannot be used unless disclosed after proper request has been made.

The Claim, Decision and Appeal

Michael Fisher filed workers’ compensation claims against his employer, Waste Management of Missouri, for injuries to his right shoulder occurring in June and September…