Surveillance of Injured Worker During Prayer Service Does Not Violate Privacy

A Pennsylvania court has ruled that videotape surveillance of an injured worker during an Islamic prayer service did not violate the worker's privacy [Tagouma v. Investigative Consultant Servs., Inc., 2010 PA Super 147, 4 A.3d 170 (Pa. Super. Ct.2010).

The employer's workers compensation carrier hired the defendant investigation firm to perform surveillance on the worker. An investigator observed the worker as he stood inside an Islamic Center near a window and prayed.

The investigator stood some 80 yards away and for 45 minutes videotaped the worker by means of a zoom lens. After the videotape was shown to a workers compensation judge, the worker filed a tort action alleging invasion of privacy against the investigation firm.

A court of common pleas granted the defendant summary judgment and dismissed the case. The worker appealed. The Superior Court of Pennsylvania agreed with the trial court, indicating that the worker failed to show that he had a reasonable expectation of privacy while praying, that he had a diminished expectation of privacy based upon his filing the workers compensation claim, and that the Islamic Center was open to the public and the worker prayed directly in front of a large window. The court also indicated that the use of the telephoto lens was not unreasonable nor was it intrusive. Larson's Workers Compensation Law [See Ch. 127 ]

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.