The NJ Supreme will review the ethical propriety of the actions of a defense law firm whose attorney instructed a paralegal to "friend" the adverse party on Facebook for discovery purposes without disclosing the paralegal's relationship with the defense firm.
Showing posts with label Facebook. Show all posts
Showing posts with label Facebook. Show all posts
Wednesday, June 24, 2015
Monday, July 7, 2014
Swear Off Social Media, for Good or Just for Now
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| Social Media Landscape (Photo credit: fredcavazza) |
| If you have a pending workers' compensation claim many believe that you should be off social media entirely since employers and their insurance companies mne the data posted to defend their claims. Others are finalizing realizing that social media sites are not their friend and giving away personal data freely is a very bad thing. I agree, that leaving social media sites generally should be encouraged for personal privacy reasons. Do you want "data brokers" to have your personal information and market it? One should consider getting off social media, the faster the better. It is a tedious process. In today's post by Molly Wood of the NY Times, techniques are explained how to get off social media. Social media can be a harmless and easy way to keep track of friends, family and news. It can also be addictive and invasive and produce an archive of bad behavior that can damage relationships or make it hard to get a new job. And, of course, there are privacy worries compounded by a controversial Facebook experiment unearthed recently that turned unwitting users into emotionally manipulated guinea pigs. That last one might prompt some people to leave Facebook permanently. Or not — it wasn’t exactly the first time Facebook has done something that made some users swear off the service. So is quitting social media the new thing in social media? That’s hard to say. But if you are planning to go dark, there are plenty of ways to do it. Typically, people deactivate their Facebook accounts rather than completely deleting them — a bit like a couple taking a “break” rather than breaking... |
Friday, June 27, 2014
Facebook Required to Turn Over User Information in Disability-Fraud Investigation
| Today's ppost was shared from http://online.wsj.com The Manhattan district attorney has won a legal battle against Facebook Inc. with a New York judge's ruling that the social network was required to turn over user information in a fraud investigation. When workers who filed for federal disability money were seen on Facebook looking perfectly healthy, the Manhattan district attorney received a search warrant from a judge to look more closely at the accounts. Facebook had attempted to quash the warrants for 381 user accounts on grounds that they were unconstitutional and in violation of Fourth Amendment protections against unreasonable searches and seizures. After reviewing the search-warrant application, the judge found "probable cause that evidence of criminality would be found within the subject Facebook accounts," and ordered Facebook to comply. “Due to the fungible nature of digital information, the ability of a user to delete information instantly and other possible consequences of disclosure, the court ordered the search warrants sealed and Facebook not to disclose the search and seizure to its users.”—Melissa C. Jackson, New York State Supreme Court Justice The district attorney's office said the case led to 134 indictments on more than $400 million in fraud, and that half the defendants have pleaded guilty. "This was a massive scheme involving as many as 1,000 people who defrauded the federal government," said Joan Vollero, spokeswoman for Manhattan District Attorney Cyrus Vance. "The defendants in this case repeatedly lied to the government about their mental, physical, and social capabilities. Their Facebook accounts told a different story," she said. The judge in the case said Facebook had no right to get in the way of the investigation. "Facebook could best be... |
[Click here to VIEW the documents in this case (NYTime)]
Wednesday, January 29, 2014
Judge Disqualified over Facebook ‘Friend’ Request
Back in February, the American Bar Association cautioned judges about their use of social media. While sites like Facebook and Twitter can help judges stay in touch with the wider world, the ABA admonished that they should think twice before “friending,” “liking,” or “following” somebody.
A case in Florida drives home that concern.
The dispute centers around a circuit court judge who presided over a divorce proceeding. Before entering a final judgment, Judge Linda D. Schoonover sent the wife a Facebook “friend” request that the woman didn’t accept, according to court documents. In a complaint, the lawyer for the wife accused the judge of then retaliating against her by allegedly saddling her with “most of the marital debt” and giving the husband “a disproportionately excessive alimony award.”
Last week, an appellate court kicked the judge off the case and assigned the matter to a different judge, concluding that the wife had a “well-founded fear of not receiving a fair and impartial trial.”
The unrequited friend request “placed the litigant between the proverbial rock and a hard place: either engage in improper ex parte communications with the judge presiding over the case or risk offending the judge by not accepting the ‘friend’ request,” the appeals court wrote in its Jan. 24 decision. (Chicago intellectual property attorney Evan Brown, who blogs about...
[Click here to see the rest of this post]
Monday, November 4, 2013
Truck driver was looking at phone in deadly crash
Distracted driving continues to be a constant cause of accidents in the workplace. Workers' compensation laws and policies have not been modified to encourage the non-use of cellphones. Federal legislation on the other hand outlaws their use. Today's post is shared from azcentral.com
The semi-truck that crashed into several police and fire vehicles, killing an Arizona Department of Public Safety officer in early May, was “tossing cars around like they were toys,” according to one witness statement.
Officer Tim Huffman, 47, was killed on May 6 while investigating an earlier crash on Interstate 8, about 40 miles east of Yuma. An 18-wheeler driven by Jorge Espinoza, 33, had plowed into Huffman’s patrol car and several other vehicles at about 5 p.m.
Espinoza, who faces 20 felony charges including second-degree murder, was on his cell phone at the time of the collision, according to 600 pages of case files obtained by The Arizona Republic on Friday.
The documents and a video from an in-dash camera revealed that Espinoza was on Facebook looking at pictures of provocatively dressed women at the time of the wreck.
Espinoza, who pleaded not guilty in June, told police he was looking over his shoulder at a passing truck when suddenly he felt the violent jolt from the crash. Espinoza was not injured.
He told police he never saw the multiple DPS and fire department vehicles on the roadway, or an officer frantically waving his arms trying to get his attention before he jumped out of the way.
Friday, September 27, 2013
ARE YOU OVEREXPOSING YOURSELF IN SOCIAL MEDIA?
Today's post comes from guest author Laurel Anderson, from Causey Law Firm.
By Laurel Anderson from Causey Law Firm
Facebook, Twitter, YouTube, LinkedIn, Pinterest, Instagram and other wildly popular social media websites have transformed how people both connect with each other and obtain information about other people. It has also created a change in the legal arena. For our clients who are currently applying for or receiving workers’ comp time loss benefits, or Social Security Disability Insurance (SSDI) benefits, our advice is to keep in mind the importance of privacy settings for both written information and photos on their individual accounts. While a Washington State law went into effect this weekend barring employers from requesting access to Facebook passwords, if your privacy settings are not tight, curious parties can randomly obtain information about you.
While a Washington State law went into effect this weekend barring employers from requesting access to Facebook passwords, if your privacy settings are not tight, curious parties can randomly obtain information about you.
From our experience, you can now assume that claims managers, employers, and defense attorneys will search for information on the internet regarding your personal life that can impact your claim for benefits. Please make sure that any outdated information regarding your activities is removed from your personal page. Do not use social media to vent about your employer or state agencies that are the decision-makers in your claim. You may be under the impression that only your friends can see your personal page, and that you have some right to privacy. However, be aware that all of the content on your walls, including photos and instant messaging, could be potentially discoverable by your employer or opposing counsel in a litigated case if the content is relevant to your claim for benefits.
The risk is somewhat less in the SSDI arena since there actually is an agency directive to ALJs and DDS adjudicators that they are not to use social media to research claimants. We nevertheless warn our SSDI clients concerning social media, as we are not convinced that agency people are always playing by the rules, or that those rules may not soon change.
Photo credit: lindes / Foter / CC BY-NC-SA
Sunday, September 8, 2013
Facebook Delays New Privacy Policy
Facebook's proposed new privacy policy contained a shift in legal language that appeared to put the burden on users to ask Facebook not to use their personal data in advertisements.
Facebook has apparently decided to delay a proposed new privacy policy after a coalition of privacy groups asked the Federal Trade Commission on Wednesday to block the changes on the grounds that they violated a 2011 settlement with the regulatory agency. A spokeswoman for the F.T.C. confirmed Thursday that the agency had received the letter but had no further comment. In a statement published by The Los Angeles Times and Politico on Thursday afternoon, Facebook said, “We are taking the time to ensure that user comments are reviewed and taken into consideration to determine whether further updates are necessary and we expect to finalize the process in the coming week.” Asked about the delay, a Facebook spokesman said he was unaware of the latest developments. When it first announced the changes on Aug. 28, Facebook told its 1.2 billion users that the updates were “to take effect on September 5.” The changes, while clarifying how Facebook uses some information about its users, also contained a shift in legal language that appeared to put the... |
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Friday, September 6, 2013
Ex-NFL Player Loses Workers' Comp Appeal Against Steelers
| A former defensive end with the Pittsburgh Steelers football team lost his bid for workers’ compensation Thursday after the Pennsylvania Commonwealth Court found that a 2004 injury that ended his season did not result in a loss of earnings despite his never playing professionally again. A three-judge panel agreed that testimony from a pair of orthopedic surgeons who treated Ainsley Battles after a season-ending hamstring tear in 2004 proved that the player sufficiently recovered from the injury to continue pursuing his football career prior to his ultimate retirement in 2006. “Both doctors agreed that claimant’s injury would not prevent him from playing professional football, and neither doctor suggested that claimant’s injury caused a loss in earning power after he completed his rehabilitation,” the court ruled in a decision penned by Judge Mary Hannah Leavitt. Battles had asked the Commonwealth Court to overturn a decision by the Pennsylvania Workers’ Compensation Appeal Board which found that the Steelers had no duty to pay the player for disability following the injury. Battles, who previously played for the Jacksonville Jaguars and the Buffalo Bills before signing a one-year contract with the Steelers, tore his hamstring in his first game with the team in September 2004. According to court records, Battles was cleared to... |
Thursday, September 5, 2013
To Promote Wellness, Public Health Departments Are Launching Apps. Will They Work?
“Normally Alabama comes in last when it comes to health indicators, but we were one of the first states to be on Facebook and Twitter and YouTube. This is just another goal for us,” says Jennifer Pratt Sumner, the director of the digital media branch of the department. The app, which is free to download from Google Play or iTunes, brings all of the social media feeds put out by the various public health divisions into one place. It also provides health news alerts and information about wellness events, such as the annual Alabama Youth Rally. Some recent tips included educational conferences open to the public, and tips on safely consuming shellfish in the state. (MORE: Two-Faced Facebook: We Like It, but It Doesn’t Make Us Happy) “As more and more Americans use their smartphones to gather health information, I think we’ll see a greater number of health departments rolling out their own apps,” says Alexandra Hughes, an account director at Ogilvy Public Relations Worldwide, who wrote an analysis on social media effects entitlted “Using Social Media Platforms to Amplify Public Health Messaging” [PDF]. “Consumers are already flocking to apps to do things like count calories, prepare healthier... |
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Friday, August 30, 2013
Social Media Passwords Off Limits to Employers
NJ Governor Chris Christie signed legislation that prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers.
See A2878
Read more about "social media" and workers' compensation:
See A2878
Read more about "social media" and workers' compensation:
Aug 15, 2013
Social media accounts, typically Facebook, are currently a hot-button issue for plaintiff ESI production in civil litigation. Most courts (but not all!) require a threshold showing that the public account has relevant information that ...
Apr 14, 2011
Social networking has become a popular topic within the workers' comp community. In this edition of Workers' Comp Matters, host Attorney Alan S. Pierce, welcomes Attorney Jon L. Gelman, to take a look a social networking ...
Jul 02, 2012
The Workers' Compensation and Workplace Injury Section, invites you to the 2012 AAJ (American Association for Justice) Annual Convention in Chicago. A goal of the Section is to provide for our members the best ...
Dec 03, 2012
Recently, it seems as though everyone is connected through social networking sites such as Facebook and Twitter. These tools have become a great way to keep in touch with friends and family scattered all over the world.
Thursday, August 15, 2013
Facebook Disclosure for 87 Class Action Plaintiffs? Federal Court Denies Discovery Request
Social media accounts, typically Facebook, are currently a hot-button issue for plaintiff ESI production in civil litigation. Most courts (but not all!) require a threshold showing that the public account has relevant information that would lead to discoverable evidence before requiring a plaintiff to produce private portions of the account.
In an order dated July 19, 2013 in the case of Jewell v. Aaron’s, Inc., Civil No. 1:12-CV-0563-AT (N.D.Ga. 2013), 87 opt-in plaintiffs are suing their employer for, among other claims, not allowing certain lunch breaks as required by law. The defendants sought, among their discovery requests:
“All documents, statements or any activity available that you posted on any internet Web site or Web page, including, but not limited to, Facebook, MySpace, LinkedIn, Twitter, or a blog from 2009 to the present during your work hours at Aaron’s store.”
In an order dated July 19, 2013 in the case of Jewell v. Aaron’s, Inc., Civil No. 1:12-CV-0563-AT (N.D.Ga. 2013), 87 opt-in plaintiffs are suing their employer for, among other claims, not allowing certain lunch breaks as required by law. The defendants sought, among their discovery requests:
“All documents, statements or any activity available that you posted on any internet Web site or Web page, including, but not limited to, Facebook, MySpace, LinkedIn, Twitter, or a blog from 2009 to the present during your work hours at Aaron’s store.”
Tuesday, April 30, 2013
Hyde Park Corner - A New Place on Facebook for Discussions
Congratulations to my good friend, Stephen Embry, on the inauguration of his new page on Facebook to post discussions about current topics, including workplace safety. His new page is called The Hyde Park Corner.
To commemorate the inauguration of The Hyde Park Corner,
I stopped by in London today to see and
I must say that things are a lot more significant and current on Steve's page. I would encourage you to visit it in the near future.
To commemorate the inauguration of The Hyde Park Corner,
I stopped by in London today to see and
hear what was happening actually at The Hyde Park Corner.
I must say that things are a lot more significant and current on Steve's page. I would encourage you to visit it in the near future.
Monday, December 3, 2012
Why Injured Workers Should Deactivate Their Social Media Accounts
Your private photos could be used against you by insurance companies.
Today's post comes from guest author Nathan Reckman from Paul McAndrew Law Firm.
The Commission denied further benefits in part based on pictures obtained from Zack’s MySpace and Facebook pages.For example, Zack Clement suffered a hernia when a refrigerator fell on him while he was working at a warehouse in Arkansas. After undergoing three surgeries and receiving work comp benefits for a year, Zack took his case back to the Arkansas Compensation Commission to get an extension of his benefits. The Commission denied further benefits in part based on pictures obtained from Zack’s MySpace and Facebook pages. The Arkansas Court of Appeals upheld the Commission’s decision, noting Zack’s claims of excruciating pain were inconsistent with the pictures of Zack drinking and partying.
In Iowa, the Workers’ Compensation Commission has also relied on Facebook posts to deny an injured worker benefits. Jody McCarthy had a debilitating back condition that she claimed was aggravated by her work. The deputy commissioner noted that
Thursday, October 25, 2012
Employee Termination Because of Facebook Comment Does Not End Workers' Compensation Benefits
An employee who was terminated because of comments made about her employer on Facebook has been allowed continuation of workers' compensation benefits.
"Lawful termination, like fraud, cuts through everything; but the reasons for
firing here are murky. And whether it's a legal termination or not isn't a
question for this forum as workers' compensation courts are not in the business
of determining whether a firing was appropriate. What is important here is
that termination from employment in and of itself does not end entitlement to
supplemental earnings benefits as set forth in the [Palmer v. Schooner ] case.
In the case at hand, [Ms. Miller] returned to work in a light duty status. She
worked for a short period of time until her termination on October 14, 2010.
She was terminated for violating a hospital policy by posting a comment on Facebook.
Pursuant to Ms. Salutillo's comments in the [CSPH] employee memorandum,
[Ms. Miller's] employment was terminated based on failure to uphold standards of
behavior. After her termination, [Ms. Miller's] treating physician took her
off work for a short period of time, but ultimately opined she could work light
duty."
BRENDA MILLER v. CHRISTUS ST. PATRICK HOSPITAL
--- So.3d ----, 2012 WL 5238000 (La.App. 3 Cir.), 2012-370 (La.App. 3 Cir. 10/24/12)
Read More about Social Media and Workers' Compensation
"Lawful termination, like fraud, cuts through everything; but the reasons for
firing here are murky. And whether it's a legal termination or not isn't a
question for this forum as workers' compensation courts are not in the business
of determining whether a firing was appropriate. What is important here is
that termination from employment in and of itself does not end entitlement to
supplemental earnings benefits as set forth in the [Palmer v. Schooner ] case.
In the case at hand, [Ms. Miller] returned to work in a light duty status. She
worked for a short period of time until her termination on October 14, 2010.
She was terminated for violating a hospital policy by posting a comment on Facebook.
Pursuant to Ms. Salutillo's comments in the [CSPH] employee memorandum,
[Ms. Miller's] employment was terminated based on failure to uphold standards of
behavior. After her termination, [Ms. Miller's] treating physician took her
off work for a short period of time, but ultimately opined she could work light
duty."
BRENDA MILLER v. CHRISTUS ST. PATRICK HOSPITAL
--- So.3d ----, 2012 WL 5238000 (La.App. 3 Cir.), 2012-370 (La.App. 3 Cir. 10/24/12)
Read More about Social Media and Workers' Compensation
Jul 03, 2012
An injured worker was denied benefits when an Arkansas Court admitted into evidence Facebook pictures that were posted on line showing him drinking and partying. The worker had alleged that as a result of a hernia, ...
Apr 13, 2012
Facebook's new announcement today creates even a greater problem for workers' compensation claimants. Providing even greater historical information about an unsophisticated Facebook user puts even more information, ...
May 07, 2012
The announcement of Facebook to allow for the public listing of organ donors of it social media site, albiet with good intentions, raises concerns about the privacy of workers' compensation claims as the organs could become ...
Sep 15, 2010
Social networking sites, such as Facebook, have now become informational sources that workers' compensation lawyers are now utilizing for evidentiary purposes. The question that remains unanswered is how information ...
Tuesday, July 3, 2012
Facebook Photo Admissible As Evidence
The trial court held that the evidence went to the weight to be given his testimony and it was within the province of the Court admit them into evidence. The Court dismissed the injured worker's argument that the Facebook photos "are a disgrace to the dignity of the workers' compensation proceeding and the legal system." The case was dismissed.
Clement v. Johnson's Warehouse Showroom, 2012 Ark. App. 17, 2012 WL 11285 (Ark.App.)
Monday, May 7, 2012
Facebook, Organ Donations and Medical Privacy of Workers' Compensation
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| (Photo credit: Wikipedia) |
Click here to read "Facebook’s New “Organ Donor” Feature: Many Applaud It, but Some Raise Possible Concerns About Protecting Private Health Information"
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Friday, April 13, 2012
Facebook Creating Even A Greater Problem in Comp Claims
(Photo credit: Wikipedia)See Facebook Privacy Blog
"Starting today, you will be able to download an expanded archive of your Facebook account history. First introduced in 2010, Download Your Information lets you get a copy of what you've shared on Facebook, such as photos, posts, messages, a list of friends and chat conversations. Now you can access additional categories of information, including previous names, friend requests you've made and IP addresses you logged in from. This feature will be rolling out gradually to all users and more categories of information will be available for download in the future. Download Your Information is available from your Facebook Account Settings."
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Thursday, May 5, 2011
New Facebook Address for Injured Workers Law and Advocacy Group
Click here to join us to our new address. http://tinyurl.com/4xzdbrh
Wednesday, September 15, 2010
Facebook Makes an Appearance in Workers' Compensation Court
In a recently published article, Law School Professor Gregory M. Duhl and attorney Jaclyn S. Millner, focus on the issues of professional responsibility, discovery, privacy and evidence when social networking factors integrate with a workers's compensation proceeding. Since the compensation system is theoretically no-fault and the evidentiary system is informal, the authors theorize that the workers' compensation arena will act as a fertile ground for experimentation in the legal application of this new technology.
Text, photos and commentary, shared among the social network, will provide a new avenue of factual discovery that may assist the decision maker in reaching an evaluation of the claim. The authors review the professional responsibilities of attorneys to their clients in advising them of the potential benefits and hazards of social networking, as well as their strategy for preparing text and photographic material into evidence. They conclude that lawyers handling workers' compensation matters need to be educated on how to properly utilize facts and opinions gathered from the social networking system.
Duhl, Gregory M. and Millner, Jaclyn S., Social Networking and Workers’ Compensation Law at the Crossroads (September 2010). Pace Law Review, Vol. 31; William Mitchell Legal Studies Research Paper No. 2010-16. Available at SSRN: http://ssrn.com/abstract=1675026
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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900
jon@gelmans.com have been representing injured workers and their families who have suffered occupational illnesses. Author NJ Workers Compensation Law (West).
jon@gelmans.com have been representing injured workers and their families who have suffered occupational illnesses. Author NJ Workers Compensation Law (West).
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