NONTRADITIONAL INVESTIGATIVE TECHNIQUES AND EQUIPMENT

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NON-TRADITIONAL INVESTIGATIVE TECHNIQUES AND
EQUIPMENT
Rick Lifto AVP General Claims February 26,
2009 Orlando, FL
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TRADITIONAL INVESTIGATIVE TECHNIQUES EQUIPMENT

• Normal or Traditional investigative techniques in
  Workers compensation cases typically include
• Fixed-Point Surveillance
• Mobile Surveillance

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TRADITIONAL INVESTIGATIVE TECHNIQUES EQUIPMENT

• Civil/Criminal Background Searches
• Police Records Searches e.g. MVA Reports, etc.
• Interviews

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NON-TRADITIONAL INVESTIGATIVE TECHNIQUES
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NON-TRADITIONAL INVESTIGATIVE TECHNIQUES

• Thinking outside the box can often produce
  information not otherwise available
• Unique circumstances often require unique
  solutions
• Todays objectives
• Share ideas about non-traditional investigative
  techniques equipment
• Provide alternatives to meet your informational
  needs
• Look at an example of using surveillance in a
  non-traditional manner

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TECHNIQUES

• Hospital Searches
• Up to 16 facilities within a 60 mile radius,
  depending on program
• Provides dates, types locations of previous
  treatments which may indicate pre-existing
  condition
• Points you to exactly where you need to request
  records
• Can indicate pattern of injuries/treatments,
  and/or other claims
• Available for hospitals, clinics, chiropractors,
  pharmacies.

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TECHNIQUES

• Going through the Claimants Trash
• Done when it becomes public domain, but check
  venue restrictions
• Can provide a wealth of information
• Travel Itineraries, brochures
• Prescription use
• Events
• Team participation
• Financial information
• Home-based business information
• Descriptions of the business
• Client lists
• Equipment ordering sheets or catalogues
• Advertising

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TECHNIQUES

• Background Checks--Non-Traditional
• Department of Wildlife Records
• Hunting draw results
• Additional surveillance opportunities
• Opportunity to interview companions

• Sports Checks
• Bowling Leagues
• Workout Facilities
• Softball Leagues
• Specialized Events, i.e. Highland Games,
  Competitions, etc.

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TECHNIQUES

• Newspapers
• Can show participation in clubs, events,
  employment, crimes

• Photographs
• Request all video, digital and still pictures
  taken of plaintiff over the past three years that
  is in their possession

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TECHNIQUES

• Internet
• A Google search can show similar associations,
  as well as company affiliations, advertisement,
  etc. (sources of income)

• Secretary of State
• For business ownership, trade names
• Asset check vehicles, properties

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EQUIPMENT

• Non-Traditional equipment can facilitate
  obtaining info not normally available.
• Cell Phone Camera
• Pin Hole Camera
• Time Lapse Recorder
• Undercover Camera Bag
• Many other types of equipment are available.

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Bankruptcy Records

• If plaintiff / claimant has an injury claim,
  either doesnt declare the PI claim or declares
  it and declares it has no value in the
  declarations of a bankruptcy, you have the
  potential of obtaining Judicial estoppelthrowing
  out the case entirely.
• BNSF has two pending cases on appeal where the
  court made the claimants intent a factual issue
  for a jury.

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BNSF - Producing Favorable Cases Defense Awards

• Identify cases that are most favorable to BNSF
  try them to verdict
• Specific awards to defense counsel
• Two dismissals in one year
• Defense verdict
• Summary Judgments
• Average pay-out goal
• Rewards behaviors that limit damages
• Assists to mitigate damages and exaggeration

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NON-TRADITIONAL INVESTIGATIVE TECHNIQUES AND
EQUIPMENT
Rick Lifto AVP General Claims Rick.Lifto_at_bnsf.co
m 817-352-2333
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