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Posts Tagged ‘Facebook’

Social Media as Evidence: Good Times Yield Bad Results

Posted by defensebaseactcomp on February 6, 2012

Cross Posted from Workers Comp Insider

Photo Courtesy of Arkansas Appeals Court

by Jon Coppleman February 6, 2012

ABC news has picked up a story out of Arkansas: Zack Clement suffered a hernia while moving a refrigerator for his employer, Johnson’s Warehouse Showroom. He underwent multiple surgeries, but the pain lingered, so he filed for a continuation of benefits. Among the pieces of evidence at his trial were party photos posted on his Facebook page, which show Clement drinking (and little else). When his claim for reinstatement was denied, Clement appealed, citing the unfairness of the Facebook evidence.

ABC wrote as follows:

In an opinion, written by Judge David M. Glover, the Arkansas Court of Appeals states: “We find no abuse of discretion in the allowance of photographs. Clement contended that he was in excruciating pain, but these pictures show him drinking and partying.”

“Certainly these pictures could have a bearing on a Clement’s credibility, albeit a negative effect that Clement might not wish to be demonstrated to the ALJ or the Commission, ” Glover continues. “We hold that there was not an abuse of discretion in allowing the photographs.”

Justice in the Details
At first glance, the judge’s comments might be cause for alarm. An injured worker suffering from chronic pain might well be capable of having a few drinks with friends. (One can only hope that the alcohol does not interfere with any prescribed -or unprescribed – pain medications.) If the photos were the primary evidence of Clement’s condition and the basis for denying the claim, Clement would have good reason to object. However, this is not the case.

In the course of his carefully reasoned findings, Judge Glover reviews in detail the medical history of Clement’s claim. Even after multiple surgeries and several changes in treating doctors, Clement complained of ongoing pain. Extensive medical testing revealed no abnormalities and no evidence for the pain itself. He has been released to full duty. It is this detailed history and the lack of medical evidence that lead Glover to conclude that any further treatment would fall outside of the workers comp system. The Facebook photos are by no means the foundation of his findings. Nonetheless, he decides that the photos are a legitimate piece of the case file and admissable as evidence.

In my limited experience, Facebook seems to be a platform for superficial news and, for the most part, images of the good times. It is difficult to imagine that Clement would have used this public forum to post pictures of himself suffering excrutiating pain. If he had chosen to do so, this might have provided evidence in his favor. However, his friends would likely have chided him for being such a downer and even then, the court might have dismissed the images as theatrical exaggeration.

Facebook may now be the preferred means of presenting our personal narratives, but it is unlikely to help us make our case in a court of law.

Please see the original and read more here

Posted in ACE, Defense Base Act, Defense Base Act Insurance, Defense Base Act Law and Procedure | Tagged: , , | 1 Comment »

WARNING: TO ALL CIVILIAN CONTRACTORS ON FACEBOOK

Posted by defensebaseactcomp on November 8, 2010

From Death Valley Magazine by James G posted November 8

The following Facebook Group “Army of the Men of the Naqshbandi Order” is an Islamic Jihadist terrorist organization using Facebook to target Contractors in Iraq and Afghanistan.

They are using Facebook to gather Intel on Contractors and their Families – including location [CONUS and OCONUS] and movement Intel.

Below is the Facebook page for their Facebook Group:

Army of the Men of the Naqshbandi Order

I have received dozens of emails about this from my buddies in Iraq and Afghanistan warning me of this group. Please remember to maintain OPSEC and check your privacy settings on your Facebook Page. For people like myself who are pretty public already there is not much I can do, but for everyone else lock down your Facebook profile and be aware of whose friend requests you accept.

If you are a contractor like I am one of the easiest things you can do is blur out your face on any pictures you post. And for fucks sake do not have your email, state where you live, phone number or any other identifying info visible to anyone including your friends.

Please see Norm W.’s Article on Facebook Privacy 101 for more detailed information on how to secure your Facebook Profile

Facebook Privacy 101

Additional Intel on Army of the Men of the Naqshbandi Order:

Name: Army Men Naqshbandi
Category: Organizations – Religious Organizations
Description: In the name of God the Merciful

(We shall test you until We, and the patient ll tell)

Surah Muhammad verse: 31

Our jihad

Praise be to God, prayer and peace upon our beloved Muhammad and his family and companions and allies

1 – we started in our blessed jihad in terms of the fact that a legitimate jihad of religious duties, a duty and even the imposition of time applicant for the Iraqis after Jeict the forces of infidelity and was able to armies under the known circumstances of the occupation of Iraq (and the command of Allah dictated by fate).

2 – the goal of our jihad infidel occupier (individuals and machinery and equipment and equipment) wherever it is found on the land of Iraq at any time.

3 – we did not target any of the Iraqis of different nationalities, religions and denominations has blood on our hands the blood of any Iraqi would not be as well that God is only present himself before the Jund al-Suh disbelief in the battle for the assault on the Iraqis and protects the chest was master infidel.

4 – Do not disbelieve any of the Muslim people of the Qiblah (the people is no god but Allah) except in accordance with the legitimate parameters (outright disbelief) and the consensus of the Muslims and not the suspicions and prejudices, and wherein they differ.

5 – does not and will not Ntqata with any of the jihadist factions unlocked but sincere cooperation and cooperate with many of them as long as all the guns went to the issuance of long-standing enemies and these factions parameters of legitimacy and the national agenda.

6 – Thanks to God we relied on our own capabilities and our personal insurance requirements of the work jihadist since the days of jihad First, we still, in addition to what can be obtained from the support of Muslims and true believers did not extend our hands to any source of financial support suspicious or conditional terms inconsistent with our established legal and national, although the internal arena and filled with such external sources.

7 – adopt the principle of confidentiality and secrecy, one of the years the beloved prophet (peace be upon him) in the planning and implementation of jihad operations with documented in writing and a figurehead since the days of Jihad, the first in 2003 and has not announce it, which led to the adoption of some factions, some of our jihadist quality with a view to a project or not project because of its echo in the arena of jihad.

8 – may not be dealing with the occupier, whether the job or buy or sell, directly or indirectly, to the fact that it falls under the subsidy infidel occupier and improve its image in the eyes of the ugly people.

9 – not to engage in a game the political process because it is invalid by law and under the occupation may not be any dialogue or meeting or appease or negotiate with the occupier only by the Sultan of the legitimate or authorized.

10 – We will fight for the unity of Iraqi land and people to preserve the Arab and Islamic identity and we will be on the lookout for projects division under various names, both federal malicious or other labels failing.

11 – We will fight until the last inch of the land of Iraq and return to his family and Omteh Arab and Islamic countries have promised God and His Messenger, and promise all true believers and all honest we will not take up arms will not stop our jihad until the blessed God recognizing us in one of two goals: victory or martyrdom.

12 – older students minimum transient and do not seek positions of false and ephemeral and chairs when recognizing us victory by God, and the expulsion of the occupiers and requires the interest of religion and our homeland, we want a legitimate policy (according to the legitimate parameters) do not want a political law.

The last prayer is praise be to Allah, Lord of the Worlds, and blessings of Allah and peace upon His slave and lover and Mustafah Muhammad and his family and his companions

Council Operations Command

Army Men Naqshbandi (read less)

Posted in Civilian Contractors | Tagged: , , , | 1 Comment »

 
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