One thing is clear, JWS does have super-duper lawyers, cracker jacks at social media.

So, let’s get to the story…

A refrigerator unfortunately fell on a guy named Zack while on the job in the warehouse in 2009. The company processed his claim and he received medical and temporary total disability benefits for a small inguinal hernia, which required repair,  and a back injury. If you read the entire court decision document your left testicle will hurt too – even if you don’t have one. This guy went through quite an ordeal and went as far as to request that his be extirpated. Ouch.

He was eventually released from medical care, though he repeatedly denied his conditions were relieved and sought continued medical treatment and temporary total-disability benefits for his hernia and back injuries and attorney fees.

This is where it goes from being a nail biter to claimant fail…

Zack’s new pain management doc noted his drug screen came back positive for THC and declined his request and then wrote him a letter saying he wouldn’t treat him any longer… After three additional CT scans showed no anomalies related to the hernia, his primary care doc wrote a letter saying he needed to be sent to a urologist and general surgeon to determine why he was still having such pain.

But the administrative law judge found that there was no medical evidence or lay testimony to support a traumatic work-related back injury and that further medical treatment was unreasonable and unnecessary for his hernia – she denied and dismissed Zach’s claim. He appealed, arguing that substantial evidence did not support the decision that he was not entitled to additional medical treatment and additional temporary-total disability. 

To further complicate matters, the cracker jacks came in with the goods - Zack’s pics out drinking with his buds were all over MySpace and Facebook, yet he was asking for continued total disability.

Zack was outraged and claimed the pics were “a disgrace to the dignity of the workers’ compensation proceedings and the legal system” and had nothing to do with his medical treatment.

Much to Zack’s chagrin, the court did not find abuse of discretion in the allowance of the photographs. Though he pleaded he was in excruciating pain, the photos showed him drinking and partying like he was alright. Although Zack didn’t like it much, the pics called his credibility into question and that could not have helped the legal system’s determination was that he is not entitled to further additional medical or additional temporary total-disability benefits.

Did Zack screw himself by not understanding or monitoring his online reputation? My opinion is.. Combined with the double whammy of positive THC results, you betcha.

On second thought, total disability compensation? Surely if this guy can transport to a bar and engage in social activity he could work as a showroom greeter on light duty.

Maybe I am just mean or jaded by the amount of abuse I have personally seen.

What do you think?

Anyway, last Wednesday, on the ride home from an ever so richly rewarding day at the Bat Cave, Ralphie was on the air commenting on recent stories in the news regarding companies banning the use of social media in the workplace. It was good… but it reminded me of biblical stories of the plague that killed first born sons.

Because that is how important being connected is for so many people. I can see the day when we’re all chewing Socialmediadone™ while at work to kill the craving for 8 hours because the addiction has become too strong to resist….

@Shoefeen would be a great candidate for Clinical Trials

Where is the nearest Socialmediadone™ clinic?

I hope it passes and gets over the counter approval so I can contribute to humanity and leave a legacy in the same capacity as my long gone but not ever to be forgotten relative Marie Curie. Um, do you think Pfizer or Merck would pick it up and I could get rich and lay in bed with a laptop and Blackberry the rest of my life tweeting, facebooking, linking and blogging???

I did not facebook him while I was driving! Why do you think like that? I chewed my lip for the other 3 minutes until I got home and then I sent him a message  (yes before I went potty… you’re so nosy sometimes) letting him know I  understand how scary this threat of withdrawal is and asking if he wanted to have a conversation about it from an HR and employer perspective.

He did… he facebooked me back (you know as well as I do that facebook is a noun as well as a verb) and asked if I could come over to chat with him and Mike on Monday night about it.

It might be too late for @Shoefeen, and she’s not in the right DMA anyway, but I am excited at the prospect of making an impact on #NEPA SM addicts so they don’t make the same mistake.

Warning: Do not try to be slick and steal my creative terminology. I grant you permission to use it but I demand credit for the stuff I invent, google, and if it doesn’t exist throw on a ™.