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Social Media and Workers' Compensation Claims
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Social Media and Workers' Compensation Claims

Twitter's Instability and China's Data Harvesting

Social networking’s popularity has become a two-edged sword as a tool in the management, investigation, and disposition of workers’ compensation claims. Over the last several years, there has been an exponential explosion in the use of this technology on the Internet.

THE PRIVACY CHALLENGES FOR STAKEHOLDERS

The challenges to properly access and effectively utilize electronically stored information [ESI] result in procedural and ethical ramifications for the workers’ compensation community.

Injured workers should consult their attorneys and review what information is being shared on the Internet. See, MATTER OF GIGLIA v. SUNY BUFFALO-UNION, 2022 NY Slip Op 2603 - NY: Appellate Div., 3rd Dept. 2022MATTER OF CONLIFFE v. Darden Restaurant, 187 AD 3d 1398 - NY: Appellate Div., 3rd Dept. 2020WALMART, INC. v. Ohler, La: Court of Appeals, 1st Circuit 2019 MATTER OF PAPADAKIS v. Fresh Meadow Power NE LLC, 167 AD 3d 1286 - NY: Appellate Div., 3rd Dept. 2018 MATTER OF NIKAC v. JOAL RESTAURANT CORP., 187 AD 3d 1280 - NY: Appellate Div., 3rd Dept. 2020Nero v. Allied Waste Services, 265 So. 3d 1129 - La: Court of Appeals, 3rd Circuit 2019 .

Employers and insurance companies should consult their attorneys to determine what activities are legally and ethically appropriate when utilizing social media.

Even the judiciary is subject to ethical considerations when utilizing social media.

TECHNOLOGICAL EVOLUTION

Technology continues to evolve. Moore’s Law (Moore's law is the observation that the number of transistors in a dense integrated circuit (IC) doubles every two years. Moore's law is an observation and projection of a historical trend. Rather than a law of physics, it is an empirical relationship linked to gains from experience in production.) The rapid development of transitory technology is being replaced by the rapid development of silicone microchip production.

Stored data is now expanding through Cloud Computing and using Artificial Intelligence (AI) and machine learning.

INSTABILITY OF SOCIAL MEDIA PLATFORMS

The platforms used for social media are also changing. The “instability” of Twitter because of its purchase and changes implemented by Elon Musk may make it less reliable. The Chinese ownership of TikTok is also raising concerns over data acquisition by foreign states, ie. China. The reliability and manipulation of social media data will be a concern in the future.

Further resources:

“Facebook Becomes a Questionable Friend of Workers Compensation,” By Jon L. Gelman, download link available below.

PODCAST: Jon L. Gelman and Alan S. Pierce discuss this topic on Legal Talk Network, List at http://legaltalknetwork.com/podcasts/workers-comp-matters/2011/04/privacy-clients-and-social-media/. Click here to Download the audio file.

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