The defense attorney may review deposition testimony and medical records for inconsistencies and use a Sub Rosa investigation if they have “articulable suspicion,” that they believe you are committing fraud and are lying about your injury. (California Civil Code Section 1708.8(g)). They may ask an investigator to follow you and take pictures or videos and write a report about what they see. If this happens, the defense attorney must disclose that report and evidence to your attorney before any doctor or the WCAB judge sees it (Fairchild Aerospace v WCAB (Kyles), 64 CCC 1497 (1999)). However, they do not have to disclose the evidence before a deposition (Downing v WCAB, 16 CWCR 76).