AMY SMITH vs. WALTER CLAUDIO SALON & SPA, INC., STATE FARM INSURANCE

This case involves a Petition for Reconsideration and Removal filed by the applicant, Amy Smith, challenging an order allowing the defendant to submit surveillance videotape evidence to an Agreed Medical Examiner. The Appeals Board dismissed the Petition for Reconsideration because the WCJ's order was not a final decision but an interlocutory ruling on evidence. The Appeals Board also denied the Petition for Removal, finding no showing of substantial prejudice or irreparable harm to the applicant. The WCJ's report, adopted by the Board, concluded that the applicant had no reasonable expectation of privacy while exercising in a public gym and that the videotape was relevant to the claim.