Zackery Clement pushed things a little too far with his workers compensation claim.

 

After sustaining a hernia injury on the job when a refrigerator he was moving in March 2009 fell on him, he was granted two years of disability benefits and medical coverage. But then Clement requested additional compensation from his employer, Johnson’s Warehouse Showroom of Arkansas, and its insurer, National Union Fire Insurance. The company objected, and the matter went to court.

 

Meanwhile, Clement had posted photos of himself drinking and partying on his own Facebook and MySpace pages, raising doubts about his disability. Clement and his attorney argued that the introduction of the photos into the case were “a disgrace to the dignity of the workers’ compensation proceedings and the legal system.”

 

Judge David M. Glover of the Arkansas Court of Appeals was not impressed by this argument. “Clement contended that he was in excruciating pain, but these pictures show him drinking and partying,” wrote Glover. “Certainly, these pictures could have a bearing on Clement’s credibility, albeit a negative effect that Clement might not wish to be demonstrated to the administrative law judge or the commission.”

-Noel Brinkerhoff, David Wallechinsky

 

Facebook Photos Doomed Workers' Comp Claim (by Jeff Gorman, Courthouse News Service)

Zackery Clement v. Johnson’s Warehouse Showroom (Arkansas Court of Appeals) (pdf)

Zackery Clement v. Johnson’s Warehouse Showroom (Arkansas Workers’ Compensation Committee) (pdf)