What is “The Best Day Rule” for private investigators doing workers’ compensation surveillance?

If you do surveillance on a workers compensation investigation you need to understand the Best Day Rule and how it effects your stake-out or mobile surveillance.

What is The Best Day Rule?

The concept is simple. You may get video of the claimant doing a physical activity that’s above and beyond what they claim they can do at work. However, when confronted with this evidence they say, “You caught me on a good day. Normally I can’t do that. And I certainly can’t do that for eight hours a day every day!”

Basically they’re saying you caught an example of what they can do on their “best day” and it doesn’t accurately represent a normal day or what they can do at work repeatedly.

How can you defend against The Best Day Defense?

Simply this… make sure you have enough video of enough examples on enough days to show this is their normal capability.

How much video do you need?

I answer this at length in another article, but the simplest answer is that your client should tell you how much video is necessary.

The company or law firm who hired you knows what they need. Let them make the call and you do the investigating.

If you like this helpful tip, then don’t miss out on my free special report If You Want To be a Private Investigator Give Up… Unless You Do These Three Things. If not, you can get it right here…

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Committed to your success,
Larry Kaye, P.I.

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