A series of articles emphasizing practical
knowledge you can't find in practice guides
and interviews with experts who share
their techniques for effective and efficient
case management

Archives

This issue, Marjory Harris reviews some really bad movies.

So What? Or, “It Shoulda Been Left on the Cutting Room Floor” The applicant, in his late 40s, injured his back while wheeling a barrel full of gravel and rock. He was precluded from heavy lifting. The video shows him washing a compact car. He emerges from the garage bent and over and hobbling like a frail elderly person. He is carrying a small pail, the kind children use at the beach to build sand castles. He slowly lathers the car, then rinses it. Eight minutes of boredom. I watch it again, this time paying attention to the counter in the corner, rather then to the body mechanics. The job takes over 30 minutes, from start to finish. At trial I asked the private investigator why he didn't film the whole process. "I had to reposition myself," he said, lamely. < Previous | Next >

If the videotape does not conflict with medical restrictions or the applicant's statements, why bother to show it? Practice tip: look at the counter or log, not just the body mechanics. Doctors look at the mechanics and not the time frame. Do a declaration or a letter to alert the medical examiner to the “missing minutes.” Click here for sample. Click here for Cross-Examination of Investigator at trial