National pickup on an Arkansas Court of Appeals decision early in January that said it was proper that Facebook and MySpace photos of drinking and partying were considered in the Workers Compensation Commission's denial of a claim. MSNBC reports on the case of Zackery Clement, seeking benefits for a back injury.
We find no abuse of discretion in allowance of the photographs. Clement contended that he was in excruciating pain, but these pictures show him drinking and partying. Certainly these pictures could have an effect on Clement's credibility, albeit a negative effect that Clement might not wish to be demonstrated to the [administrative law judge] ALJ or the Commission.