Workers' Compensation and Social Media: An Effective Evidentiary Tool in Defending Claims

Navigating Discovery, Privacy, Admissibility and Ethical Issues

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, June 25, 2014

Recorded event now available

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Program Materials

This CLE webinar will provide strategies for counsel using social media evidence in workers’ compensation claims. The panel will focus on investigations, discovery, privacy concerns, and ethical issues pertaining to social media evidence.

Description

Within the context of workers’ compensation cases, the use of social media has grown significantly in recent years. Gathering evidence from LinkedIn, Facebook and Twitter can be crucial in defending against workers’ compensation claims.

Practitioners can use information obtained through social media to demonstrate state of mind and activity level, in addition to obtaining photos, videos, status updates, and more that directly impact an applicant’s claim. Counsel must proceed with caution to secure and legally use information from social media as the law continues to evolve with limited guidance from the courts and legislature.

Counsel must comply with the Federal Rules of Civil Procedure and use formal discovery requests to obtain social media evidence. Staying current on how to gather social media information that will be admissible evidence is essential.

Listen as our authoritative panel of workers’ compensation practitioners discusses effective preparation strategies and techniques for using social media in workers’ compensation cases, and offers practical tips on how this evidence can help defend claims.

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Outline

  1. Best methods to obtain social media evidence
  2. How to use and authenticate social media evidence
  3. Privacy, evidentiary and ethical challenges

Benefits

The panel will review these and other key questions:

  • What are the evidentiary challenges counsel face in using social media evidence in workers’ compensation cases?
  • How can practitioners most effectively utilize social media evidence in workers’ compensation cases?
  • What are the privacy and ethical challenges facing counsel?

Faculty

Scott W. Gedeon
Scott W. Gedeon

Atty
Ross Brittain & Schonberg Co., L.P.A.

Mr. Gedeon has represented employers in all phases of the workers’ compensation process. He specializes in...  |  Read More

David L. Jimenez
David L. Jimenez

Partner
Floyd Skeren & Kelly

Mr. Jimenez has extensive litigation experience in the field of workers’ compensation. He represents third party...  |  Read More

Marisa F. Schafer
Marisa F. Schafer

Partner
Schafer & Schafer

Ms. Schafer represents both claimants and uninsured employers in all aspects of workers' compensation matters...  |  Read More

Timothy M. Schafer
Timothy M. Schafer

Partner
Schafer & Schafer

Mr. Schafer represents both claimants and uninsured employers in all aspects of workers' compensation matters...  |  Read More

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