[net-gold] [Workers' Compensation] Facebook Makes an Appearance in Workers' Compensation

  • From: "David P. Dillard" <jwne@xxxxxxxxxx>
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  • Date: Wed, 15 Sep 2010 15:49:30 -0400 (EDT)




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Date: Wed, 15 Sep 2010 04:19:54 -0700 (PDT)
From: Jon L. Gelman <jon@xxxxxxxxxxx>
Reply-To: Net-Gold@xxxxxxxxxxxxxxx
To: net-gold@xxxxxxxxxxxxxxx
Subject: [Net-Gold] [Workers' Compensation] Facebook Makes an Appearance in
    Workers' Compensation





.

[Workers' Compensation]
Facebook Makes an Appearance in
Workers' Compensation

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 obtained through
social networking sites can be
admitted and utilized as evidence.

In a recently published article,
Law School Professor Gregory M. Duhl
and attorney Jaclyn S. Miller, 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.

Social networking site have experienced
a surge in use. Web users spend
more time on Facebook now than on Google.
Workers' Compensation judges are also
increasing their use of social networking
sites.

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

...For over 3 decades the Law Offices
of Jon L. Gelman

1.973.696.7900

jon@xxxxxxxxxxx

have been representing injured workers
and their families who have
suffered occupational illnesses.
Author NJ Workers Compensation Law
(West).

Related Articles:

Compensation Judges Are Becoming Linkedin

--

Posted By Jon L. Gelman
to Workers' Compensation
at 9/15/2010 07:19:00 AM

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  • » [net-gold] [Workers' Compensation] Facebook Makes an Appearance in Workers' Compensation - David P. Dillard