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Facebook can bite you in the ass!

 
Old 12-11-2009 at 08:22 PM   #1
sniderj
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Facebook can bite you in the ass!
Take a look at this:

"A Quebec woman on long-term sick leave is fighting to have her benefits reinstated after her employer's insurance company cut them, she says, because of photos posted on Facebook.

Nathalie Blanchard, shown here on a beach holiday during her sick leave. (Facebook)Nathalie Blanchard, 29, has been on leave from her job at IBM in Bromont, Que., for the last year and a half after she was diagnosed with major depression.

The Eastern Townships woman was receiving monthly sick-leave benefits from Manulife, her insurance company, but the payments dried up this fall.

When Blanchard called Manulife, the company said that "I'm available to work, because of Facebook," she told CBC News this week.

She said her insurance agent described several pictures Blanchard posted on the popular social networking site, including ones showing her having a good time at a Chippendales bar show, at her birthday party and on a sun holiday — evidence that she is no longer depressed, Manulife said.

Blanchard said she notified Manulife that she was taking a trip, and she's shocked the company would investigate her in such a manner and interpret her photos that way.

"In the moment I'm happy, but before and after I have the same problems" as before, she said.

Blanchard said that on her doctor's advice, she tried to have fun, including nights out at her local bar with friends and short getaways to sun destinations, as a way to forget her problems.

She also doesn’t understand how Manulife accessed her photos because her Facebook profile is locked and only people she approves can look at what she posts.

Insurer confirms it uses Facebook

Her lawyer Tom Lavin said Manulife's investigation was inappropriate.

"I don't think for judging a mental state that Facebook is a very good tool," he said, adding that he has requested another psychiatric evaluation for Blanchard.

"It's not as if somebody had a broken back and there was a picture of them carrying …a load of bricks," Lavin said. "My client was diagnosed with a major depression. And there were pictures of her on Facebook, in a party or having a good time. It could be that she was just trying to escape."

Manulife wouldn't comment on Blanchard's case, but in a written statement sent to CBC News, the insurer said: "We would not deny or terminate a valid claim solely based on information published on websites such as Facebook." It confirmed that it uses the popular social networking site to investigate clients.

Insurance companies must weigh information found on such sites, said Claude Distasio, a spokeswoman for the Canadian Life and Health Insurance Association.

"We can't ignore it, wherever the source of the information is," she said. "We can't ignore it."

Blanchard estimated she’s lost thousands of dollars in benefits since Manulife changed her claim."


REALLY interesting story. I was actually at a Joint Insurance Law seminar downtown yesterday, and there was a speaker who discussed a whole bunch of Facebook related disability and personal injury cases.

What does everyone think of this?
Old 12-11-2009 at 08:30 PM   #2
Charbs
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this happens all the time... it's the same concept as someone being fired for calling in sick, and their boss seeing pictures on fb from the night before of them doing multiple shots at a bar...
Or people being fired for bad mouthing publically about their employer on facebook. People need to realize that facebook is a public website...
and I can't honestly say I don't agree with the insurance company.... from their viewpoint, this person is supposed to be clincally depressed to the point where they can't function enough to work,. but then there's evidence that they're spending that insurance money to be on vacations and partying... from a business and insurance perspective, you can understand how theywould question the validity of her medical reason for needing leave.
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Old 12-11-2009 at 10:14 PM   #3
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I agree to a certain extent. My problem is that no one is going to post photos of themselves lying in bed and crying on Facebook. Not everyone is comfortable with every damn person on Facebook knowing they're clinically depressed. And people who ARE clinically depressed do have high moments when they can have fun, they just usually don't last for long.

That being said, going on a tropical vacation DOES seem a little bit extreme. I'm kind of having trouble deciding which side I'm on with this one.

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Old 12-12-2009 at 08:44 AM   #4
lawleypop
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This was posted before, but no reason not to discuss it again! ;D

Her using that money and going on vacation is like my mom saying she can't afford anything and that everyone wants her to become homeless, begging my dad to give her extra money on top of the 1600/month he already has to, and then peacing off to Cuba last week.

All I can say, ***** had it coming. If you're too depressed to work, you're too depressed to go on a vacation with money that (I personally believe) you haven't earned (although, I also don't know how these insurance things work).
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Last edited by lawleypop : 12-12-2009 at 08:46 AM.
Old 12-12-2009 at 10:42 AM   #5
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Going to work and going on vacation are two different things. Work requires responsibility, effort and can be stressful. A vacation is meant to take you away from all those thing. So if you're too depressed to work, it doesn't mean you're too depressed to get away from your life for a bit. Not that I'm defending her, just saying. Just cause someone with depression goes to a bar for their birthday, it doesn't mean they're not depressed.

Last edited by Harlequin : 12-12-2009 at 10:44 AM.
Old 12-12-2009 at 10:45 AM   #6
lawleypop
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Quote:
Originally Posted by Harlequin View Post
Going to work and going on vacation are two different things. Work requires responsibility, effort and can be stressful. A vacation is meant to take you away from all those thing. So if you're too depressed to work, it doesn't mean you're too depressed to get away from your life for a bit. Not that I'm defending her, just saying. Just cause someone with depression goes to a bar for their birthday doesn't mean they're not depressed.
Get a less stressful job.
Work at Tim Hortons.
Work part time.

Why should someone be entitled to something because woe is them?

If you're too depressed to get a very non-stressful job, then yea, you should be too depressed to want to do anything else.

She needs to suck it up. She's not entitled to anything, especially not a vacation with money she hasn't earned.
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Old 12-12-2009 at 11:58 AM   #7
sniderj
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Quote:
Originally Posted by lawleypop View Post
Get a less stressful job.
Work at Tim Hortons.
Work part time.

Why should someone be entitled to something because woe is them?

If you're too depressed to get a very non-stressful job, then yea, you should be too depressed to want to do anything else.

She needs to suck it up. She's not entitled to anything, especially not a vacation with money she hasn't earned.
I think I have to agree with you on this one. I wasn't quite sure what I thought about the whole thing, but with the way you put it, you're right... our taxes shouldn't pay for her to go on vacation.
Old 12-12-2009 at 03:47 PM   #8
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makes sense. if your going to abuse the system you deserved to get bit in the ass.



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