Aquino v. Tabrizi, Inc., (2023 Cal. Wrk. Comp. P.D. LEXIS 304)

The WCAB affirmed WCJ’s order allowing a defendant to forward sub rosa video to a QME, and that the applicant did not have a right to production of defendant’s sub rosa investigator report.

The WCAB explained that there is no requirement of formal authentication in workers’ compensation proceedings, and unless there is a genuine doubt regarding whether the videos depict what they purport to depict, they should be admitted.

The WCAB noted that there was no evidence or argument asserting a genuine doubt as to whether the videos depicted what they purported to depict.

The WCAB then found that the investigator’s report was not discoverable under the attorney work product privilege, because it contained communications and information generated by the investigator at the behest of defense counsel.

In addition, defense counsel indicated that there was no intent to forward the investigator report to the QME, or to utilize it as an exhibit for trial.

The WCAB found that the report would not be relevant or admissible at trial, and that the applicant would not be prejudiced by not having access to the document.