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Thursday, December 24, 2015

Employer Permitted to Use Facebook Photos to Challenge Injured Workers Claims Without Prior Notice

An employer was permitted to utilize photographs taken from Claimant's public Facebook as impeachment evidence without prior notice to Claimant. Public Facebook photographs of Claimant holding her grandson with her injured arm and hand as impeachment evidence against Claimant.

The Employer did not have to provide prior notice to the Claimant of "video" evidence.

Court held that it was not prejudicial to admit the Claimant's Facebook images into evidence.

MacFadyen v Total Care Physicians, C.A. No. N15A–05–001 ALR, 2015 WL 9303624 (2015 Del.Super.), Decided December 15, 2015.