Workers' Compensation

The Difference Between Investigative Pretext and Rule 4.2 Violations

, The Legal Intelligencer


All attorneys who litigate workers' compensation matters on behalf of injured workers in Pennsylvania have seen their fair share of reports from investigators who are employees of companies hired by insurance companies and defense counsel to conduct surveillance of the plaintiff or claimant. In reviewing the reports, one will invariably note phrases such as "verified subject's identity through discreet investigative techniques" or "utilized investigative pretext to verify identity."

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