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Social Networking and Workers’ Compensation Law at the Crossroads

54 Pages Posted: 12 Sep 2010 Last revised: 4 Mar 2014

Gregory M. Duhl

William Mitchell College of Law

Jaclyn S. Millner

Liberty Mutual

Date Written: September 1, 2010

Abstract

Over the past decade, social networking has increasingly influenced the practice of both civil and criminal law. One way to illustrate those influences is to examine a “system” of laws and the parties and lawyers in that system. In this article, we examine how social networking has influenced workers’ compensation law, looking at, in particular, the intersection of professional responsibility, discovery, privacy, and evidence with social networking in state workers’ compensation systems.

Workers’ compensation laws are no-fault insurance systems designed to resolve disputes efficiently. Consequently, the rules of evidence are often more relaxed and the rules of discovery often more restricted than in state and federal court litigation. The flexible and self-contained structure of workers’ compensation systems provides an ideal backdrop against which to examine how information from social networking sites can be used as evidence to resolve civil disputes.

A state’s workers’ compensation system should use the rules that have traditionally applied to non-electronic information as a starting point to address issues arising from lawyers gathering and introducing into evidence information stored on social networking sites. At the same time, because of the efficiency of workers’ compensation law and the large discretion vested in its judges, workers’ compensation systems have the potential to be laboratories for new technologies and how they can be used in the resolution of disputes, both inside and outside of workers’ compensation.

Keywords: Deception in Lawyering, Electronic Discovery, Electronically Stored Information, Facebook, LinkedIn, MySpace, Social Networking, Surveillance, Work Injury, Workers' Compensation

Suggested Citation

Duhl, Gregory M. and Millner, Jaclyn S., Social Networking and Workers’ Compensation Law at the Crossroads (September 1, 2010). Pace Law Review, Vol. 31, No. 1, 2011; William Mitchell Legal Studies Research Paper No. 2010-16. Available at SSRN: https://ssrn.com/abstract=1675026

Gregory Duhl (Contact Author)

William Mitchell College of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States
(651) 290-6409 (Phone)

Jaclyn Millner

Liberty Mutual ( email )

United States

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