Jack Immendorf is an authority, pioneer, luminary, and elder statesman of the subrosa industry in Northern California. These are his thoughts and commentary on how we can improve the outcomes from subrosa.
Introduction
Subrosa investigations are a valuable tool in the workers’ compensation industry, providing documented evidence and information not available elsewhere. However, the process is often flawed, with inadequate assignments, poorly planned investigations, and no plans for how the information will be used to achieve improved outcomes.
The Purpose of Sub Rosa
Sub rosa investigations aim to obtain evidence of an injured worker’s activities and abilities, helping to refute or confirm subjective complaints. A successful investigation can provide visual proof of daily activities, employment status, and potential fraud.
The Evolution of Subrosa
The subrosa industry has undergone significant changes in recent years, driven by technological advances. The widespread use of social media, GPS tracking, and digital surveillance tools has transformed how investigations are conducted. However, despite these advances, the fundamental principles of subrosa remain the same. It’s still about getting the truth, about uncovering evidence that can make or break a case. But now, we have more tools to achieve that goal. Unfortunately, not everyone’s approach to subrosa has kept pace with these technological advancements. Some insurance companies or claims administrators are stuck in the old way of doing things, with inadequate assignments, poorly planned investigations, no plans forusinge the end product, and a focus on cost containment over effective results. It’s time for the industry to catch up and harness the power of technology to make subrosa investigations more effective and efficient.
Selection and Assignment
Many red flags indicate the need for subrosa. Some include excessive subjective complaints, unnecessary assistive devices, and information from the employer, the treating physicians, or defense attorneys. The referral should contain all relevant information, including red flags, subjective complaints, and scheduled medical/legal appointments.
The Investigation Process
A professional investigation agency will conduct a thorough review, including social media analysis and identifying potential surveillance targets. The investigator will provide a written report, video evidence, and photographic documentation while complying with privacy laws.
The Flawed Process
Many sub rosa assignments are inadequate, with poorly planned and executed investigations. As a subrosa vendor and expert in the field, I have seen firsthand the common complaints that plague our industry. These complaints include:
- Inadequate assignments with insufficient information
- Poorly planned investigations with unrealistic expectations
- Limited budgets and restrictive instructions
- Focus on verifying investigator hours rather than ensuring a thorough investigation
- Misuse of sub rosa investigations as a checkbox exercise rather than a valuable tool
- Lack of understanding of the purpose and proper execution of sub rosa investigations
These complaints are not from insurance companies or clients but rather from subrosa vendors like myself, who are frustrated with how our services are utilized. We believe that subrosa investigations can be a powerful tool in the fight against workers’ compensation fraud, but only if they are correctly used.
Consecutive Day Surveillance
Conducting two to three consecutive days of surveillance is often necessary to gather valuable information and photographic evidence. This approach ensures that the individual under surveillance will be observed conducting their daily activities.
Misuse and Misunderstanding
The workers’ compensation industry often misuses sub-rosa investigations, prioritizing cost containment over effective results. Carriers focus on verifying investigator hours rather than ensuring a thorough investigation, which undermines the value of sub-rosa investigations.
Conclusion
Sub-rosa investigations are a valuable asset in workers’ compensation cases, but misuse and misunderstanding hinder their effectiveness. By understanding the purpose and proper execution of sub-rosa investigations, the industry can harness its potential to achieve better outcomes. It’s time to get back to basics and make sub-rosa investigations meaningful again.
Folks, let’s face it. Subrosa has become a shadow of its former self. What was once a powerful tool in the fight against workers’ compensation fraud has been reduced to a mere formality. We’re talking about investigations barely worth the paper they’re written on.
Let’s take a step back and remember what subrosa is all about. It’s about getting the truth, about uncovering evidence that can make or break a case. It’s not about checking boxes or verifying hours. It’s about results.
So, let’s make a change. Let’s start using subrosa like it’s meant to be used. Let’s make it a valuable tool again. Our industry deserves better. Our clients deserve better. Let’s get back to basics and make subrosa mean something again.
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