UPDATE: Iowa Supreme Court will Review Surveillance Issue

by | Feb 3, 2015

Last month we reported on the October 29, 2014 Iowa Court of Appeals decision affirming a Declaratory Order of former Commissioner Christopher Godfrey. In that Order, the former Commissioner ruled that surveillance video of and reports pertaining to a claimant must be disclosed upon request by the claimant or claimant’s counsel. Prior to this Order, it was common practice to withhold surveillance until the surveilled party was deposed or otherwise compelled to take a position on facts relevant to what was depicted in the surveillance.

UPDATE: The Iowa Supreme Court granted an Application for Further Review on January 22, 2015. The Court indicated in its Order that it will consider the documents that have been previously filed and will not require any supplemental briefing. Oral arguments will be scheduled.

We will continue to update as this matter progresses. For questions or additional information on this topic, please contact Iowa Workers’ Compensation attorney Emily R. Motto at EMotto@baylorevnen.com or 402.475.1075.