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SUPREME COURT OF LOUISIANA

No. 96-CC-0313
DAVID MCNEASE Versus MURPHY CONSTRUCTION COMPANY ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, STATE OF LOUISIANA OFFICE OF WORKERS' COMPENSATION DISTRICT 07 BLEICH, Justice* David McNease was working for Murphy Construction Company as a heavy equipment operator when he was allegedly injured in the course and scope of his employment on November 17, 1994. Murphy Construction Company paid McNease compensation benefits from November 26, 1994 until May 16, 1995. On May 16, 1995, defendants presented McNease's treating physician, Dr. Fox, with a surveillance videotape that apparently showed McNease operating heavy farm equipment. Dr. Fox promptly released McNease to return to work, but ordered continued medical testing. McNease then filed a claim against Murphy Construction Company in the 7th District of the Office of Worker's Compensation Administration. On July 11, 1995, McNease propounded Requests for Production of Documents. McNease requested that Murphy Construction Company state whether he was under surveillance, and if so to produce all photographs, motion pictures or videotapes produced by such surveillance. Murphy Construction Company filed a formal objection to this request, arguing that such materials are privileged attorney work product, and that

*

Calogero, C.J., not on panel. Rule IV, Part 2,

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