Facebook used in workers’ comp case as evidence of recovery
Photographs posted onto social networking sites were recently used in a workers’ compensation claim as evidence of a worker’s recovery. The worker was attempting to get an extension on his workers’ compensation benefits in Arkansas, but was denied by both a trial court and appeals court.
About three years ago, the plaintiff was injured when working for a retail appliance company and a refrigerator fell on him. The accident caused the worker to suffer a hernia. After the accident, the man filed for workers’ compensation and received benefits and compensation for his medical bills from his employer.
Recently, the worker filed for an extension on his benefits, but was denied by a lower court judge after his former employer brought pictures of him displayed on Facebook and MySpace into court. The pictures were cited as evidence that the plaintiff had recovered from his injury–which he argued still caused him “excruciating pain”– because they showed him partying and drinking.
The worker appealed the judge’s decision to an Arkansas appellate court, which agreed with the first judge’s decision that the pictures were sufficient evidence that the worker had recovered from the injury he suffered three years before. The man’s request for an extension of workers’ compensation was denied, but he could still appeal to the state’s supreme court.
If you or someone you know has been injured on the job and needs to file for workers’ compensation benefits, contact the Raleigh workers’ compensation lawyers of Scudder & Hedrick, PLLC at 919-851-3311 to learn more about how we can help you receive the benefits you deserve.