AOE-COE (Arising of Employment in the Course of Employment) investigations are an evolving specialty. Most consist of interviewing and obtaining written or recorded statements from an unrepresented claimant, along with witnesses, co-workers and supervisors.
We are also asked to review various records, including but not limited to medical appointments, to confirm that claimants’ were in fact at the appointments and were seen the same number of times the provider billed for. We also review Social Media Investigation results, along with medical records and can provide a Timeline, from the date of injury to present, that will incorporate medical records review as to level of injury and activity and also what information was obtained from the SM Investigations, and review of subrosa films. Defense attorneys have used these reports to move the claim out of the Work Comp arena to Civil, and also in Fraud filings.
Depending on the client's preference, statements can be obtained recorded or written. Written statements can then be notarized by our investigator if the client feels that it may be needed as evidence in court, or if there's a chance that the person interviewed may not be available for court. Notarized statements are sworn under Penalty of Perjury of the laws of the state of California. Written statements also have a Fraud Statement attached signed by the claimant the Labor Code section on Fraud was explained to them and they understand the ramifications of giving false information regarding their injury, treatment(s), income and employment.
Recorded statements are done with the permission and acknowledgment of the person being interviewed. A summary of the recorded statement is included with the report. We can have the statement transcribed, or if the client prefers we can either post the audio on our website so the client or their transcriptionist may listen to it, or we have the capability to email to the client, or their designee, in either a .DSS or .WAV format.
We also obtain a HIPPA compliant Authorization for records and can have them copied for the client if they prefer.
Our senior investigators are trained in The Reid Technique and are also commissioned Notary Publics’, in the event a statement is needed, and most are, to be sworn under penalty of perjury of the laws of the state of California.
Statements not obtained by a Notary are in violation of Code of Procedure 2093, as was evidenced in Stockinger v Feather River College (2003) 111 Cal.App.4th, 1014.