Juan Licea — ADJ10568300

Applicant Juan Licea sustained a claimed industrial injury as a machine operator on August 10, 2016. Defendant obtained sub rosa surveillance video of applicant between November 2-5, 2020, primarily depicting activities in his front yard and public spaces, and sought to submit it to the orthopedic QME Dr. Georgis. Applicant objected, arguing that Civil Code section 1708.8 barred admission absent an 'articulable suspicion.' The WCJ initially found defendant had met its burden of articulable suspicion. On reconsideration, the Board held that Civil Code section 1708.8 is a civil tort liability statute, not an evidentiary bar in workers' compensation proceedings, and that applicant had no reasonable expectation of privacy for conduct in plain view from the street. The Board rescinded the F&O and ordered the films submitted to the QME under Labor Code section 4062.3(a)(2).