that

Hunter was capable of “occasionally” sitting, standing, and walking, but was unable to work

overtime or extended shifts. Based upon Dr. Peters’ opinion, LINA determined that Hunter would

be unable to perform her prior occupation as a Revenue Cycle Manager, but referred her file for

additional review.

       In September 2007, LINA hired PhotoFax, Incorporated to surveil Hunter and document her

functional capacity. This surveillance took place between September 12 and September 15, 2007.

On September 12, 14, and 15, Hunter did not leave her home. On September 13, Hunter was

captured on video as she carried groceries from the trunk of her vehicle into her home. The




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         LINA asserts that in 2007, itthat Hunter was able to sit, stand, and walk on an “occasional”

basis. In making these findings, the physical therapist noted that Hunter was consistent both when

aware and unaware of observation.

       Also in January 2008, LINA hired PhotoFax to perform additional surveillance of Hunter.

On January 7, Hunter was observed driving to and from a medical office and pumping gasoline. On

January 8, surveillance captured Hunter as she exited her functional capacity evaluation, walking

slowly, hunched over, and with the assistance of a standard cane. On January 9, Hunter was

observed as she walked from an automobile dealership back to the passenger side of her vehicle.

She moved slowly, but in a fluid and fully erect manner, and without the use of a cane. Hunter was

later observed test