L ABOR & EMPLOYMENT
Conventional Investigative Tools and High-Tech Sleuthing By JEFF STINSON
T
he year 2020 has certainly been one that none of us will ever forget. The COVID-19 pandemic has impacted every aspect of our society, and the legal and risk management communities have not been spared. Zoom mediations, depositions and even court proceedings — rare prior to March 2020 — have become the norm. The practice of law and managing claims have been upended by the pandemic. So has the ability to investigate claims, but those challenges can be overcome. This article will cover two real cases in which traditional investigative techniques BACK TO CONTENTS
were combined with modern technology to achieve favorable outcomes.
DANCING DARRELL Darrell had a workers’ compensation claim against a large retail establishment. His case had been accepted by the insurance carrier, and he was receiving workers’ compensation benefits for a back injury. He had been placed on work restrictions by his doctors, which precluded him from performing his normal job duties, and was receiving weekly income benefits. Darrell’s co-workers were not
convinced there was anything wrong with him and suspected that he was exaggerating his complaints for financial gain. The insurance carrier hired an investigator to perform a social media check, which did not turn up anything useful. However, the investigator also talked to Darrell’s manager, who informed him that Darrell had a second Facebook page listed under a colorful name with no relation to his actual name. This second Facebook page was public, with all its contents visible to anyone who opened it. It provided an unfiltered look into Darrell’s reality, which was far
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