Opinion
NO. 2018 CW 1470
02-15-2019
WALMART, INC. v. MICHAEL OHLER
In Re: Wal-Mart Associates, Inc. and/or Walmart, Inc. and/or Wal-Mart Stores, Inc. D/B/A Wal-Mart Stores and/or All Its Subsidiaries and Affiliates, applying for supervisory writs, Office of Workers' Compensation, District 6, No. 17-05687. BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.
WRIT GRANTED WITH ORDER. The August 29, 2018 judgment denying the production of social media as part of the discovery requested by relator, Walmart, Inc., is vacated. Information on social media accounts is generally discoverable. See, Scott v. United States Postal Serv., No. 15-712, 2016 WL 7440468 (M.D. La. Dec. 27, 2016). Accordingly, this matter is remanded to the Workers' Compensation Judge with instructions to conduct an in camera review of respondent's social media content applying the pertinent Farley limitations to determine whether any information posted since the date of the accident in question refers or relates to the accident or physical injuries sustained therein or treatment received therefor, or reflects physical capabilities that are inconsistent with the injuries allegedly suffered as a result of the accident, thereby rendering the information discoverable. See Farley v. Callais & Sons LLC, No. 14-2550, 2015 WL 4730729 (E.D. La. Aug. 10, 2015).
JMG
MRT
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT