Arkansas appellate court allows Facebook photos as evidence
February 15, 2012
Arkansas: Here's another good reason to watch what your friends are posting about you online: the Arkansas Court of Appeals recently accepted photos of a man drinking and partying with friends as evidence in a worker's compensation case. Zachary Clement was seeking an extension of his worker's compensation benefits after two years of medical expenses and disability benefits, claiming that he was in excruciating pain. Judge David Glover wrote, "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."[1]
Once the photos were presented as evidence, Clement's attorneys took the case to the Court of Appeals, arguing that the photos were "...irrelevant, immaterial and prejudicial."[1] Because the appellate court did not accept the argument, the previous ruling of the Arkansas Compensation Commission will stand.[2]
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