Limits of Successful Surveillance
Sunday, December 2nd, 2001 Fraud Liability Workers' CompensationVideo surveillance or sub-rosa, as many insurers have described surveillance and activity checks for decades, is an investigative tool employed to verify the alleged disability of injured claimants and to document fraudulent casualty claims. Sub-rosa in New Latin literally means “under the rose.” The rose has been associated with secrecy and secret societies for centuries and, to be sure, secrecy is essential to successful surveillance. It is well established that claimants who seek to recover damages for alleged injuries must expect their claims to be investigated and by making a claim have waived their right to privacy to the extent of a reasonable investigation. [See McLain v. Boise Cascade Corporation, 533 P.2d 343 (Or — 1975)]. Quoting from the annotation, Right of Privacy-Surveillance, 13 A.L.R. 3d 1025, 1027: “Where the surveillance, shadowing, and trailing is conducted in a reasonable manne
