Pursuant to Subject No. 046-237R, and beginning in October 2022, the Board will only accept video evidence on a USB flash drive. DVD discs will no longer be accepted. Video evidence must also be formatted to play in either: (1) Windows Media Player (WMV) or (2) VLC media player. There are no exceptions.
Surveillance evidence is often critical to the defense of a claim. Please inform your investigators of these recent changes.
In addition, the Board has created a new form (“Evidence Cover Letter”) that must be submitted along with the USB flash drive. The contents of each USB flash drive must be delineated on the cover letter, which includes the name of each file, a description of each file, and the size of each file. Any paper documents that are submitted in conjunction with the video evidence must also be outlined on the cover letter.
For example, if a carrier seeks to introduce evidence into the record which contains surveillance video and a corresponding investigator’s report, such evidence should be submitted together as one package, along with a completed cover letter.
Although it remains to be seen whether a preclusion motion will be sustained based upon a lack of any of the above-mentioned requirements, it is always best to make sure you have expert legal help on your side. If you seek to introduce video evidence into the record regarding one of your claims, yet have questions or concerns, please feel free to contact one of our attorneys for assistance.