Admissibility and Disclosure of Social Media Information

Facebook. Twitter. Instagram. Social media platforms have become useful sources for carrier investigation and surveillance of injured workers. Claimants utilize these social media platforms on a daily basis, posting a variety of photographs and videos. Often these photographs and videos contradict claimants’ allegations that they are “totally disabled” from performing any type of activity, allowing carriers and employers to raise fraud under Workers’ Compensation Law Section 114(a).

Generally, in order to raise fraud under WCL Section 114(a), the carrier and employer must disclose covertly obtained …

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