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.

Appellate Court Affirms Decision That Company’s “Fun Day” Was Not a Work Event

By on November 8, 2019 in Compensability with 0 Comments

Any decision from the Appellate Division on recreational or social activities is welcome precisely because there have been so few decisions since the 1979 Amendments.  The case of Goulding v. NJ Friendship House, Inc., A-5996-17T3 (App. Div. November 7, 2019) is the most recent decision on this area of law in years. Kim Goulding worked […]

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Respondent’s Counsel’s Failure to Comply with Rules Governing Motions for Med and Temp Leads to Court Order in Favor of Petitioner

By on November 1, 2019 in Claims with 0 Comments

Motions for medical and temporary disability benefits are urgent matters that are treated as such by Judges of Compensation.  Because injured workers are not receiving benefits, motions for medical and temporary disability benefits require all parties to work swiftly to prepare for court hearings.  In the case of Capel v. Township of Randolph, A-1315-18T1 (App. […]

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Employee of Temp Agency Was Barred from Suing Client Company

By on October 25, 2019 in Key Defenses with 0 Comments

When individuals work for staffing agencies, interesting legal questions often arise.  In Uribe v. Quartz Master, A-4071-17T1 (App. Div. May 2, 2019), Alberto Uribe was injured working for On Target Staffing, LLC, a job placement agency.  On Target had a “Temporary Employee Work Agreement” with Quartz Master, where it placed Uribe.  That agreement provided that […]

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Robert Wood Johnson Barnabas Health Found Not Responsible For Injury To Nurse In Public Street

By on October 18, 2019 in Compensability with 0 Comments

In an important decision, the New Jersey Appellate Division decided on October 16, 2019 that a nurse who was walking from work premises to a parking lot following her shift at Jersey City Medical Center/ RWJBH was not in the course of employment when she was struck by a motor vehicle.  Christina Adinolfi Shea, partner […]

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Appellate Court Affirms Judge of Compensation in Ruling That Continued Opioid Use Would Neither Reduce Pain Nor Improve The Injured Worker’s Function

By on October 7, 2019 in Awards with 0 Comments

There are surprisingly few appellate division cases focusing on the employer’s obligation to provide continuing opioid treatment.  Martin v. Newark Public Schools, A-0338-18T4 (App. Div. October 4, 2019) is therefore one case practitioners should study closely.  The case involved a reopener of an award for Samuel Martin of 15% permanent partial disability for aggravation of […]

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What Past Medical History Is Most Important In Orthopedic Claims in Workers’ Comp?

By on October 4, 2019 in Workers' Comp Basics with 0 Comments

The New Jersey workers’ compensation system has one glaring drawback for employers, namely the absence of any formal discovery in traumatic injury cases.  There are no standard interrogatories in traumatic claims and no depositions.   The consequence of this is that claims sometimes get passed through workers’ compensation that really involve long-standing and preexisting conditions which […]

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The Concept of “Work Connected” in New Jersey Workers’ Compensation

By on September 27, 2019 in Workers' Comp Basics with 0 Comments

Employers are responsible for “accidents arising out of employment” under most state workers’ compensation laws.  What does this language really mean?  The easiest way to interpret this language is to consider whether the accident has a genuine connection to work or just happens to occur at work. Take for example someone who is sitting at […]

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Appellate Court Holds That Employee Failed to Prove That United Airlines Was Responsible for Injury to Worker’s Shoulder Related To Physical Therapy Performed On Her Work-Related Wrist Injury

By on September 20, 2019 in Testimony with 0 Comments

What happens when an employee is treating for one injury and during the course of treatment he or she develops a brand new injury? There are precious few cases on this set of facts, and the latest decision in Robinson v. United Airlines is extremely important to practitioners in analyzing how to approach derivative injury […]

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Handling Scar Injury Cases Effectively In New Jersey

By on September 6, 2019 in Claims with 0 Comments

There are a large number of petitions for permanent partial disability benefits filed each year in New Jersey for scars and serious lacerations.  It is important for practitioners to understand that injuries due to scars are subject to completely different proofs from all other physical injury claims in New Jersey.  The main difference between a […]

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The Limitations of Settlements in New Jersey Comp

By on August 29, 2019 in Settlements with 0 Comments

This practitioner is often asked two questions regarding workers’ compensation settlements in New Jersey:  1) Can we settle out of court? and 2) Can we get a termination agreement at the time of settlement? There are a number of limitations on settlements in New Jersey that are different from the practice of law in other […]

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Can A Dependent Settle A Dependency Claim By Section 20 And Then Sue The Uninsured Employer?

By on August 23, 2019 in Claims with 0 Comments

The case of Kaur v. Garden State Fuels, Inc., A-2135-17T1 (App. Div. April 12, 2019) presents some interesting legal issues.  The facts begin with the tragic death of Surinder Singh, who was shot and killed during the course of his employment at Woodbury Gulf LLC.  In 2014 Singh’s widow, Kirandeep Kaur, filed a dependency claim […]

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Maximizing Defense IMEs in New Jersey Workers’ Compensation

By on August 16, 2019 in Workers' Comp Basics with 0 Comments

An independent medical examination can be requested at any reasonable time and place in the state for a variety of reasons: there may be an issue of causation, ability to work, second opinion on surgery, need for further treatment, or assessment of permanent partial disability.  No matter what the purpose of the examination is, a […]

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Counsel Fees in Dependent Spouse Claims May Be Based On The Life Expectancy Of The Dependent Spouse, Not 450 Weeks

By on August 7, 2019 in Claims with 0 Comments

In an important reported decision, and one of first impression at the Appellate level, the Court in Collas v. Raritan River Garage, A-3103-17T4, (App. Div. July 19, 2019), held that the Judge of Compensation was correct in basing the counsel fee of petitioner on petitioner’s life expectancy, not limited to 450 weeks, as has been […]

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United Airlines Wins Important Appellate Decision Involving Jurisdiction

By on July 31, 2019 in Other with 0 Comments

There are precious few reported decisions dealing with the jurisdictional requirements for bringing a claim petition in New Jersey when a New Jersey resident is employed out of state, is injured working out of state and is hired out of state.  In the reported case of Marconi v. United Airlines, A-0110-18T4 (App. Div. July 22, […]

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Governor Signs New Public Safety Workers’ Compensation Laws Which Will Pose Fiscal And Legal Challenges for New Jersey Public Entities

By on July 22, 2019 in Compensability with 0 Comments

On July 8, 2019, Governor Phil Murphy signed Senate No. 716 into law, a bill which makes sweeping changes to occupational disease claims for New Jersey public safety employees.  There are many aspects of the new law, known as the “Thomas P. Canzanella Twenty First Century First Responders Protection Act.”  The single most onerous provision […]

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