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FISHER v. WASTE MANAGEMENT OF MISSOURI

No. SC 83477.

58 S.W.3d 523 (2001)

Michael A. FISHER, Appellant, v. WASTE MANAGEMENT OF MISSOURI, Respondent, and RSK Company, Insurer.

Supreme Court of Missouri, En Banc.

October 23, 2001.

Attorney(s) appearing for the Case

Patrick N. Mehan, Mark F. Haywood, Clayton, for Appellant.

Mary A. Lindsey, Robert N. Hendershot, II, St. Louis, for Respondent.

MICHAEL A. WOLFF, Judge.

When an employer makes surveillance videotapes of an injured employee, must the employer disclose the videotapes as "statements" under the workers' compensation statute?

We hold that a surveillance videotape is a statement under section 287.2151 of the workers' compensation law and, as the statute provides, cannot be used unless disclosed after proper request has been made.

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