Daily Archives: February 4, 2012

Hospitality Industry Legal Risks: Appeals Court Allows "Facebook Photos" As Evidence In Denying Man's Claim For Additional Compensation In Workers' Compensation Claim

“…the appeals court agreed with previous rulings, which denied a request for additional treatment after diagnostic tests showed “no recurrent hernia and surgery to explore the scrotum” and saw no abuse by the courts in allowing the photos…In denying Clement’s request for additional compensation and treatment, the court ruled in favor of the use of Facebook photos as a evidence…”

An appeals court  has ruled that photos on Facebook and Myspace of a man “drinking and partying” can be used as evidence to deny him further workers compensation claims.

At the center of the suit is  Zackery Clement, who suffered a hernia  March 12, 2009 after a refrigerator fell on him while on the job at Johnson’s Warehouse Showroom in Pine Bluff,  Ark.  Clement, who was compensated for medical expenses and received temporary total-disability benefits for more than a year, was seeking an extension of benefits following three surgeries as a result of the injury.

An administrative law judge and the Arkansas Compensation Commission denied Clement’s application for additional benefits, and Clement, 27, was hoping the Arkansas Court of Appeals would reverse the ruling. He argued that he needed further medical treatment and disability payments because of “excruciating pain.”

For more:  http://abcnews.go.com/blogs/business/2012/02/court-okays-facebook-party-photos-in-workers-comp-claim/

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