Forensic Gait Analysis of Surveillance Video in Injury and Workers’ Comp Cases

FORENSIC PODIATRY SERVICES

Forensic Gait Analysis of Surveillance Video in Injury and Workers’ Comp Cases.

Are the reported injuries and limitations consistent with what the footage reflects?

Surveillance footage is evidence — and like all evidence, it can be misread by either side. Dr. Michael S. Nirenberg, a board-certified forensic podiatrist, may analyze how a claimant walks, stands, lifts, climbs, or bears weight, and compares the footage against the reported injury and limitations, using methods appropriate to the footage and the questions presented.

Retained by attorneys, the methodology is identical regardless of which side has retained the work. The opinion follows the evidence, which is what allows the analysis to withstand scrutiny.

About the Expert

Forensic experience trusted by attorneys, the Department of Justice, and law enforcement.

  • Expert assistance provided to the FBI, the U.S. Department of Justice (DOJ), U.S. and Canadian law enforcement agencies, and attorneys representing plaintiffs, defendants, and insurers
  • 33+ years in practice
  • Board-certified in Primary Care in Podiatric Medicine and Foot & Ankle Surgery, American Board of Multiple Specialties in Podiatry
  • Co-editor of “Forensic Gait Analysis: Principles and Practice,” Taylor & Francis CRC Press
  • Over 50 publications; editor for JAPMA and Science & Justice
  • 100+ educational presentations to forensic experts, law enforcement, physicians, medical assistants and the public
WHAT THE ANALYSIS EXAMINES

Three things video may reveal when read by a qualified expert.

Gait is the manner of walking, stepping, weight-bearing, and carriage. It can carry biomechanical characteristics that are difficult to reproduce voluntarily and equally difficult to interpret accurately without specialized training. A forensic podiatrist can assess whether surveillance footage appears consistent with the medical record, appears to contradict it, or has been mischaracterized.

THE ANALYSIS WORKS BOTH WAYS

What the record reflected. What the video shows.

Surveillance may reveal exaggeration. It may also be cherry-picked, taken out of context, or read by a non-expert as proof of function the footage does not demonstrate. Analysis may assist in distinguishing the two.

Examples from real matters

Reported: claimant cannot stand on toes of injured foot.
vs
Video: claimant stands on toes while loading vehicle.
Reported: claimant can only walk one block.
vs
Video: claimant ambulatory and active 30+ minutes.
Investigator: “subject ambulates normally.”
vs
Video: clear antalgic gait, shortened stance phase on injured side.
Counsel framing: “claimant carried groceries.”
vs
Video: two light bags, six steps, consistent with stated restrictions.
Reported: claimant requires cane at all times.
vs
Video: claimant recorded without device on multiple occasions.
METHODOLOGY

Built to withstand challenge — from either side.

Analyses are documented and, where applicable, anchored in the medical record and the peer-reviewed literature.

FOR EITHER SIDE

Retained by attorneys on either side of the same methodology.

A forensic opinion is only as valuable as its credibility on the stand. Findings are not adjusted to fit the retaining party — and counsel on both sides retain us precisely for that reason.

When the footage appears to support the claimant

Supporting genuine injury.

  • Rebuttal of investigator reports that overstate or mischaracterize the footage
  • Identification of antalgic gait, compensatory movement, and pain behaviors visible on video
  • Context-restoration for clips presented out of duration, distance, or environmental context
  • Response to opposing gait, biomechanical, or surveillance-based expert opinions

When the footage appears to contradict the claim

Documenting inconsistency.

  • Independent expert opinion to support IME conclusions or rebut treating-physician findings
  • Frame-by-frame documentation suitable for motion practice and trial exhibits
  • Cross-referencing of surveillance to deposition testimony and medical records
  • Referrals on suspected malingering or material misrepresentation
CASE TYPES

Where surveillance gait analysis makes a difference.

We accept cases from attorneys, third-party administrators, self-insured employers, insurance carriers, and government agencies. Common matters include:

Workers’ Compensation

/01
Disputed lower-extremity injuries, CRPS/RSD claims, permanency and restriction disputes, return-to-work determinations, IME corroboration, and IME rebuttal.

Personal Injury & Auto

/02
MVA cases involving foot, ankle, knee, hip, or back injuries where surveillance has been obtained and the extent of impairment is contested by either side.

Premises Liability & Slip and Fall

/03
Cases where claimed gait impairment, balance problems, or post-fall limitations are either supported or appear inconsistent with documented activity on video.

Long-Term & Short-Term Disability

/04
Disability claim investigations and appeals where surveillance behavior is being weighed against reported functional capacity and treating physician opinions.

SIU & Fraud Investigations

/05
Insurance Special Investigations Unit referrals requiring a credentialed expert opinion before a denial, referral, or fraud action — and rebuttal of the same.

Social Security & Veterans’ Disability

/06
Administrative hearings and appeals where gait, weight-bearing, and functional limitations are central to the disability determination.
A note on neutrality. The role of a forensic expert is to provide an honest forensic opinion grounded in the evidence and the peer-reviewed literature — nothing more. Dr. Nirenberg has rendered opinions favorable to plaintiffs, to defendants, to claimants, and to carriers. The opinion follows the footage and the record, not the retainer.
A note on gait analysis. The scope, methodology, and conclusions of any gait analysis and corresponding report may differ from the information presented on this page, contingent upon the specific facts and issues of each individual case.

RETAIN THE EXPERT

Send the footage. We’ll tell you what it shows.

A short conversation is usually enough to determine whether forensic gait analysis will help your matter. Reach out with a brief description of the case. We respond within one business day.
PHONE · (219) 663-2273   |   EMAIL · forensic@friendlyfootcare.com   |   LOCATION · Crown Point, Indiana

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