The most dramatic factor in re-shaping the future of workers’ compensation is that we now have a sharing economy, Quietly, over the decades, “work” has been influenced dramatically by the Millennial Generation. As the sharing generation reinvents the economy, the element of “trust” will have the most important impact in the direction of social legislative programs such as workers’ compensation.
Showing posts with label Social Media. Show all posts
Showing posts with label Social Media. Show all posts
Wednesday, July 29, 2015
Wednesday, June 24, 2015
NJ Supreme Court to Review Ethics of Defense Firm Facebook Investigation
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.
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... |
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...
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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
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.”
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 ...
Sunday, July 22, 2012
Join Us On LinkedIn: The Injured Workers Law & Advocacy Group
The group is maintained for academic purposes to facilitate national policy discussions. Multiple news feeds and discussion postings are available free of charge.
Click here to join now.
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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