Harassment of an Injured Worker With P.I.'s

[johnnyspd]

My question involves workers compensation law for the state of: California
Hello my question in regards to "PI"s. I have a W/C back injury and recently saw an AME who basically was favorable to my case. I do not think the I/C is happy with the report. I am followed , observe people sitting in vehicles parked in front of or near my home, my neighbors and even my co-workers have been "talked to" . The worst is I believe someone is putting the screws to my PTP whom I have been with for years his attitude has changed significantly. My neighbors act like I'm some sort of a criminal (slander?). My ex employer is a thug reserve cop whom I am told likes to make life hard for employees who file for W/C.
What are the rules of discovery governing any info. sub rosa pictures etc. When does such information have to be revealed? Are "statements" from neighbors, co-workers relevant? I have a hearing coming up in March. Thanks much for the site and the help you provide for people.

[jk]

they can follow you 24 hours a day and never tell you what they found if they don't want. On top of everything else, it appears all you have is supposition that this is who is following you or asking questions.

btw: it;s not illegal to ask questions about you either.

anybody can take pictures or videos of you as long as you are visible from a public vantage point.

[johnnyspd]

Question still unanswered what are the rules / laws pertaining to any discovery? Sub rosa vids etc.

[jk]

You have no right to them. If they choose to use them, they do. If they don't, it is as they do not exist.

Unless this gets into a criminal situation. Then you could seek them as discovery.

[johnnyspd]

You have no right to them. If they choose to use them, they do. If they don't, it is as they do not exist.

Unless this gets into a criminal situation. Then you could seek them as discovery.

Again, no answer and again "what are rules / laws pertaining to any discovery? Sub rosa vids etc? ANYBODY KNOW? Thanks ,

[jk]

Again, no answer and again "what are rules / laws pertaining to any discovery? Sub rosa vids etc? ANYBODY KNOW? Thanks ,

II did answer your question but here it is again:
YOU HAVE NO RIGHTS TO THEM IN A CIVIL ACTION


let me say it again:
YOU HAVE NO RIGHTS TO THEM IN A CIVIL ACTION

[babyhub]

The California Penal Code [ Section 646.9. Stalking. 1990 (Amended 1994) ] defines the crime of stalking as follows:

Any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety... is guilty of the crime of stalking

The California Code further defines harassment as:

...a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose. This course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person.P<> Three years later, in 1993, the California Civil Code was updated to include civil remedies for stalking victims.

The California Civil Code [ Section 1708.7: Stalking; Tort Action; Damages And Equitable Remedies. 1993 ] runs as follows:

A person is liable for the tort of stalking when the plaintiff proves all the following elements of the tort:

(1) The defendant engaged in a pattern of conduct the intent of which was to follow, alarm, or harass the plaintiff.
(2) As a result of that pattern of conduct, the plaintiff reasonably feared for his or her safety...
(3) ...The defendant, as a part of the pattern of conduct specified in Paragraph One, made a credible threat with the intent to place the plaintiff in reasonable fear for his or her safety... and, on at least one occasion, the plaintiff clearly and definitively demanded that the defendant cease and abate his or her pattern of conduct and the defendant persisted in his or her pattern of conduct.

The California Civil Code defines the term "harassment" in the same way as the California Penal Code (see above).

Im assuming if the IC has a legitament case of fraud then this will be hard to prove. If there doing it just to harrass you and your family,then it may be easy to prove. Just my opinion.

[KeyWestDan]

You will not get any criminal action taken. Not a chance.

Is there a private cause of action under that statute? If so, in theory you could sue. It would cost you a bundle and you would not be able to prove any significant damages. Getting damages for emotional injury without physical injury or a serious tort backing it up, is very difficult.

If it got to trial, you would get no sympathy from a jury, much less a judge.

If you have a hearing, this will all be over with probably at that point.

I doubt anyone can afford to keep up surveillance for any extended period of time.

Workers Compensation is private insurance paid for with the employer's money. It is usually the workers comp insurer that does the investigation though employers can do it too.

Fake back injury is probably the number one workers comp fraud.