A Capehart Scatchard Blog

John H. Geaney

John H. Geaney

John H. Geaney, an executive committee member and shareholder with Capehart Scatchard, began an email newsletter entitled Currents in Workers’ Compensation, ADA and FMLA in 2001 in order to keep clients and readers informed on leading developments in these three areas of law. Since that time he has written over 500 newsletter updates.

Mr. Geaney is the author of Geaney’s New Jersey Workers’ Compensation Manual for Practitioners, Adjusters & Employers. The manual is distributed by the New Jersey Institute for Continuing Legal Education (NJICLE). He also authored an ADA and FMLA manual as distributed by NJICLE. If you are interested in purchasing the manual, please contact NJICLE at 732-214-8500 or visit their website at www.njicle.com.

Mr. Geaney represents employers in the defense of workers’ compensation, ADA and FMLA matters. He is a Fellow of the College of Workers’ Compensation Lawyers of the American Bar Association and is certified by the Supreme Court of New Jersey as a workers’ compensation law attorney. He is one of two firm representatives to the National Workers’ Compensation Defense Network. He has served on the Executive Committee of Capehart Scatchard for over ten (10) years.

A graduate of Holy Cross College summa cum laude, Mr. Geaney obtained his law degree from Boston College Law School. He has been named a “Super Lawyer” by his peers and Law and Politics. He serves as Vice President of the Friends of MEND, the fundraising arm of a local charitable organization devoted to promoting affordable housing.

Capehart Scatchard is a full service law firm with offices in Mt. Laurel and Trenton, New Jersey. The firm represents employers and businesses in a wide variety of areas, including workers’ compensation, civil litigation, labor, environmental, business, estates and governmental affairs.

Respondent’s Decision Not To Produce Live Testimony Costs Dearly On Reopener Award

By on August 15, 2017 in Awards with 0 Comments

There is a cardinal rule in workers’ compensation trials that employers and defense counsel must follow: never try a case on reports unless the exposure is minimal.  To put it another way, where the exposure is significant, the employer must bring in a medical witness for testimony and cross examine the petitioner’s expert.  The employer […]

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UPS Prevails By Means of Occupational Statute of Limitations Defense on Claim for Bilateral Knee Replacement Surgery

By on August 10, 2017 in Key Defenses with 0 Comments
UPS Prevails By Means of Occupational Statute of Limitations Defense on Claim for Bilateral Knee Replacement Surgery

The best defense against an occupational disease claim is often the statute of limitations.  That is how the employer won in Mara v. United Parcel Service, A-3691-15T4 (App. Div. August 4, 2017). The case involved a package car driver named Craig Mara who began working for UPS in 1983.  He filed a claim petition in […]

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How Employers Can Reduce Permanency Awards In New Jersey At No Cost

By on August 3, 2017 in Awards with 0 Comments
How Employers Can Reduce Permanency Awards In New Jersey At No Cost

Permanency awards in the New Jersey Division of Workers’ Compensation can amount to very significant dollars.  An award of 40% partial permanent disability at 2017 rates amounts to $114,720 – tax free.  Furthermore, the case can be reopened within two years from the last date of payment for further permanency benefits.  If the employee reopens […]

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New Jersey Supreme Court Rejects Summary Judgment for Hospital in Terminating Disabled Employee

By on July 25, 2017 in Court Rulings with 0 Comments
New Jersey Supreme Court Rejects Summary Judgment for Hospital in Terminating Disabled Employee

Workers’ compensation claims often lead to complex disability discrimination law suits, and the recent New Jersey Supreme Court case of Grande v. Saint Clare’s Health System (A-67-15) (July 12, 2017) provides a good example of this.   The case concerned the termination of a registered nurse by the hospital following a series of work-related injuries involving […]

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Appellate Division Finds Employee Status, Not Casual Employee Or Independent Contractor Status

By on July 18, 2017 in Court Rulings with 0 Comments
Appellate Division Finds Employee Status, Not Casual Employee Or Independent Contractor Status

Michael Savio was injured on a job site on June 1, 2006.  He stated that he worked for Matthew Giambri for four weeks on two job sites, pouring concrete on one site, and doing plumbing work on the other site.  Giambri paid him $150 per day to pour concrete; otherwise, he paid him $100 to […]

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Appellate Division Affirms Award of UPS Driver’s Motion for Med and Temp

By on July 13, 2017 in Awards with 0 Comments
Appellate Division Affirms Award of UPS Driver’s Motion for Med and Temp

Roy Hendrickson worked for thirty years at UPS.  His first 19 years were as a package car driver making over 100 stops per day to deliver or pick up packages.  He injured his back in 1992 but did not file a workers’ compensation claim.   In 2002 he injured his back lifting a heavy package, losing […]

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Injury To Officer On Unscheduled Day Is Found Compensable Because Officer Was Not Just Picking Up Paycheck But Checking Scheduled Court Dates

By on July 6, 2017 in Compensability with 0 Comments

In a surprising but unreported decision, the Appellate Division affirmed an award to a police officer who fell in the municipal parking lot on December 9, 2011 on a day when he was not supposed to be at work.  The officer said he came to work to collect his paycheck and also to check his […]

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The Critical Importance of a Thorough Supervisor’s Report Form in Workers’ Compensation

By on June 29, 2017 in Policy with 0 Comments
The Critical Importance of a Thorough Supervisor’s Report Form in Workers’ Compensation

In every state, two investigative forms have an enormous impact on helping employers save money and win cases in workers’ compensation: first, a detailed Employee Accident Form filled out entirely by the injured employee and signed by the employee, and second, a detailed Supervisor’s Report Form.   This practitioner has tailored both forms for the use […]

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County GPS System Defeats Petitioner’s Comp Claim on Appeal

By on June 22, 2017 in Key Defenses with 0 Comments
County GPS System Defeats Petitioner’s Comp Claim on Appeal

A good Global Positioning System can make all the difference in certain kinds of cases. Longstreet v. County of Mercer, A-3361-152 (App. Div. June 20, 2017) illustrates how effective this technology can be for claims involving injuries while driving work vehicles. The case involved a claim by a heavy equipment operator against the County of […]

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Answers to Often Bewildering Questions about New Jersey Comp Settlements

By on June 12, 2017 in Awards with 0 Comments
Answers to Often Bewildering Questions about New Jersey Comp Settlements

Clients often ask questions about the permanency phase of the New Jersey Workers’ Compensation system.  Frankly our system with respect to awards of permanent partial disability is so vastly different than those of neighboring states that it is no wonder there is confusion.  Here are some of the questions this practitioner regularly receives. Question (1): […]

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Court of Appeals Holds Request for One-Year Leave of Absence is Unreasonable

By on June 1, 2017 in ADA with 0 Comments

A leave of absence can qualify as a reasonable accommodation under the ADA, but how long should employers consider granting such leaves?  In Echevarria v. Astrazeneca Pharmaceutical, LP, 33 A.D. Cases 673 (1st Cir. 2017), some practical guidance emerges on this issue.  The case involved a Pharmaceutical Sales Specialist named Taymari Delgado Echevarria (hereinafter Delgado) […]

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When Is A Commute To A Job Site Covered For Workers’ Comp Purposes?

By on May 25, 2017 in Policy with 0 Comments

Don Drysdale, a skilled carpenter, works for Craftsmen Trades and seldom goes to the company office in Mt. Laurel, N.J.  He generally spends weeks or even months working at major job sites.  On May 1, 2017 he drives his personal vehicle from his home in Cherry Hill, N.J. to a job site in Woodbridge, N.J. […]

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Employer Is Required To Inquire Of Employee Requesting Leave To Care For Grandfather Whether Grandfather Raised The Employee

By on May 18, 2017 in FMLA with 0 Comments

While the ADA does not require an employer to inquire whether an employee needs reasonable accommodation, the FMLA does require an employer to reasonably determine whether the FMLA may apply to a leave request which does not even mention the FMLA.  This burden can be very onerous on an employer as one can see in […]

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Why New Jersey Comp Law Holds That One Who Has Been Fired Is Not Entitled To Temporary Disability Benefits Unless He Or She Would Have Been Working Another Job

By on May 12, 2017 in Benefits with 0 Comments

One of the most controversial issues in New Jersey workers’ compensation has to do with whether an injured worker who has been fired is entitled to temporary disability benefits.  The leading case is Cunningham v. Atlantic States Cast Iron Pipe Co., 386 N.J. Super. 423 (App. Div.), certif. denied, 188 N.J. 402 (2006).   That case was […]

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Court Rejects “On Call” Status As Justification For Alleged Work-Related Injury In Museum

By on May 2, 2017 in Court Rulings with 0 Comments
Court Rejects “On Call” Status As Justification For Alleged Work-Related Injury In Museum

Bo Liu worked for 4D Security Solutions, Inc. as an engineer.  He was sent to test the company’s hardware and software at an army base in the United Arab Emirates (UAE). He worked alone on the base and after hours he would upload data to 4D in the United States using a company-issued Blackberry.  One […]

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