Has the PQME ( which is really the AME, since the case is litigated) prepared the report yet and if so has it been served? The PQME report could be thrown out if the other party isn't timely noticed per the CCR's. I've been through this before.
I once had a pro per I/W whom I suspected was extremely active beyond their restrictions. I had to fly the I/W in from out of state and had them filmed at an airport where the investigator made the "pick-up" point. It depicted pictures of the I/W lifting extremely heavy luggage and lifting two hefty kids, stollers and carseats into an SUV.
I go the film before the report, but waited. I then sent a copy of the film/disc to the I/W for review and stated in a very simple letter that unless they objected within 20 days, I would be sending this to the PQME. It was the approprate thing to do. I also explained that if they did object, that I would file for a hearing to seek an Order allowing the films into evidence. I/W did not object, PQME reviewed and the I/W received a ZERO rating.
I would not take a chance on this... Better be cautious and wait a few weeks. What's the difference? At least you will have followed protocol. For all you know, the I/W may be on some very heavy meds and have a reason for their activites. Depends upon what they are doing.
But at any rate, good luck. I'd like to hear the outcome of this one!!!
LCS
