Ruiz v. Carrara Marble Co. of America, (2023 Cal. Wrk. Comp. P.D. LEXIS 332)

The WCAB held that surveillance film taken of an applicant inside his garage did not violate his constitutional right to privacy. The WCAB found that the applicant left his garage door open, so any activities occurring in the garage were in the plain sight of anyone walking or driving past his home.

The WCAB held that the applicant did not have a reasonable expectation of privacy while in his garage, and the fact that the investigator potentially used a zoom lens did not change the analysis.

The WCAB also held that the probative value of the film far outweighed any issues of unreliability or prejudice toward the applicant.

The WCAB concluded that the film could be provided to the AME because it depicted the applicant performing activities that were inconsistent with what he reported to the AME, and there was no evidence that the film was a forgery or that the applicant did not actually perform the activities depicted.