Zackery Clement was 25 when a refrigerator fell on him at work, causing him to suffer a hernia. The hernia necessitated three surgeries and still - several years later - causes him "excruciating pain," according to the details of his case. After examining the evidence, the Arkansas Court of Appeals agreed with an administrative law judge's (ALJ) ruling and denied the young man further workers' comp benefits.

What makes the case particularly interesting is the inclusion of photos gleaned from Facebook and MySpace that show Clement "partying and drinking." Clement tried to prevent the photographs from being admitted into evidence, arguing that they lacked relevance to his workers' compensation claim while creating the potential for bias. The court ultimately disagreed, saying that the man's claim of "excruciating pain" made the photos relevant in determining the veracity of his workers' comp application for extended benefits.

Clement's case was in Arkansas, and as Ohio workers' compensation lawyers, we aren't privy to the details of the evidentiary arguments made before the judge. However, we've seen the photographs in question and they show no wild or drunken behavior. The pictures of Clement show a 27-year-old man sitting in a chair and drinking a beer, trying to enjoy time with his friends. There are no pictures of him wildly dancing on tables. We find it troubling that these mundane photos were found to be relevant to the degree of pain he is experiencing.

This workers' comp case should serve as a reminder for claimants to be careful what they post on social media sites like Facebook and Twitter. Photos or comments about activities that seem perfectly acceptable can be used against you in your workers' compensation benefits claim.

Source: ABC News, "Court okays Facebook party photos in workers' comp claim," Lyneka Little, Feb. 3, 2012