Q: When are we required to disclose that we have film on an injured worker?

A: Under In Re: American Motorists disclosure occurs after the deposition of applicant. Labor Code section 5502 states before discovery closes at the Mandatory Settlement Conference. Title 8 California Code of Regulations § 35(c) requires 20 days before disclosure to an Agreed Upon Medical Evaluator or panel qualified medical evaluator.

The WCAB has decided in its opinion(s) “ambush” is not condoned. Therefore disclosure after a deposition is the earliest date. The latest date is not absolutely clear in statute or regulation if there is no Agreed Upon Medical Evaluator or panel qualified medical evaluator disclosure issue.

Disclosure should occur after the deposition of applicant and before the Agreed Upon Medical Evaluator or panel qualified medical evaluator. However either way it should be disclosed well before discovery closes at hearing to avoid any allegations of “ambush.”