(In Section 287.215, no statement (including a video tape, with or without audio, of an employee is admissible in evidence unless it is served on the other side within 15 days of a written certified mail request letter. In serving the statement none of the content of the statement can be used at the trial.)
In Case v David Sherman Corp., (LIRC), ½4/01, (ALJ Newcomb), A job application is not a statement under 287.215. Claimant objected to admission of his job application which revealed he provided inaccurate information about graduating from high school.
In Fisher v Waste Management of Missouri, 58 S.W.2d 523 (Mo. App. E.D. 2001), employee’s attorney made statutory certified letter request under Section 278.215 for any “statement” to which the employer sent written statements, but not a surveillance videotape of the employee. The appellate court, E.D., held that a videotape without audio portions is not a statement under the statute. The case was reversed the Missouri Supreme Court, en banc, which, in a case of first impression, versus prior law and as in Civil cases, held that “statement” as applied to the Workers’ Comp. statute, Section 287.215, includes videotapes which must be furnished, if the employer wants to use them at trial, within 15 days by certified mail request for their production. (If the employer loses this, then all of the element of surprise in a videotape is gone, the employee gets an “advanced look” and can come up with whatever explanation they can find!)