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.

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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Court of Appeals Affirms Termination of Employee Based on Employee’s Own Doctor Report

By on April 27, 2017 in Court Rulings with 0 Comments
Court of Appeals Affirms Termination of Employee Based on Employee’s Own Doctor Report

Walter Aston worked for Tapco International for 20 years as a shipping and receiving clerk, display builder and a maintenance worker.  He suffered a heart attack in May 2010.  The company granted 12 weeks of FMLA leave as well as an additional 14 weeks of short-term disability leave.  The company policy was not to hold […]

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Appellate Division Holds That New York Worker Who Accepted A Job Offer While In New Jersey Was Hired In New Jersey Conferring Jurisdiction In New Jersey

By on April 20, 2017 in Court Rulings with 0 Comments

When an employee returns to work following a work injury, in many states that ends the workers’ compensation case, but not in New Jersey.  In our state, that just moves the case to the final stage of permanency benefits for loss of function of the body member.  The availability of loss of function awards following […]

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Petitioner Had No Duty To Intervene In Altercation, Traumatic Brain Injury Following Wrestling Incident Not Compensable

By on April 17, 2017 in Compensability with 0 Comments
Petitioner Had No Duty To Intervene In Altercation, Traumatic Brain Injury Following Wrestling Incident Not Compensable

The recent case of Benimadho v. Somerville Borough Fire Department, A-2351-15T3 (App. Div. April 10, 2017) is fascinating because it draws a line between horseplay, which is ordinarily compensable, and conduct that goes beyond what the employer approves when an employee is away from the normal place of employment. The case involved a serious brain […]

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Petitioner’s Expert’s Findings in Physical Exam Constituted Objective Evidence to Support Increase on Reopener from 35% to 45%

By on April 7, 2017 in Awards with 0 Comments

The New Jersey statute permits claimants who receive an order approving settlement to reopen claims for additional medical, temporary or permanent disability benefits.  In Holowchuk v. O’Sullivan Menu Publishing, A-5235-14T3 (App. Div. April 6, 2017), the petitioner, Robert Holowchuk, injured his low back lifting two, five gallon drums of chemicals in 2007.  He received an award […]

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Employee With Work Injury Was Properly Denied Reasonable Accommodation Request

By on March 30, 2017 in Court Rulings with 0 Comments
Employee With Work Injury Was Properly Denied Reasonable Accommodation Request

Kim Mason was injured on March 22, 2011 falling off her UPS delivery truck and injuring her wrist, requiring surgery.  She reached maximal medical improvement in October 2011. Several months later she requested accommodations for her wrist disability under the ADA.  Her surgeon completed a form which indicated that Mason could not perform all the […]

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The Going-And-Coming Rule And Multiple Employer Work Sites

By on March 23, 2017 in Key Defenses with 0 Comments

An employee works regularly in Cherry Hill, N.J. but three or four times a year is required to work at the company’s north Jersey location in Parsippany.   On the way to the Parsippany office, the employee is in a car accident and suffers serious injuries.  The employer gets the claim and confers with the carrier […]

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Job Description Of Sales Person Did Not State Driving Was An Essential Function So Jury Must Decide Whether Company Should Accommodate Request for Driver

By on March 17, 2017 in Key Defenses with 0 Comments

Employers must carefully view job descriptions because ADA law suits often turn on the wording of those job descriptions.  In Stephenson v. Pfizer, 2016 U.S. App. LEXIS 3863 (4th Cir. 2016), a long-time sales person for Pfizer developed vision problems which disqualified her from driving.  Stephenson had been an extremely successful sales representative who had […]

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What Impact Will New Jersey’s New Opioid Prescription Bill Have on Workers’ Comp?

By on March 9, 2017 in Policy with 0 Comments

On February 15, 2017 Governor Chris Christie signed a new law requiring health insurance coverage for treatment of substance abuse disorders and certain restrictions on the prescription of opioids and other Schedule II drugs.  The bill is touted as one of the most aggressive in the nation, and compensation practitioners are asking what will be […]

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