A Capehart Scatchard Blog

John H. Geaney

John H. Geaney, Esq. is a Shareholder and Co-Chair of Capehart Scatchard's Workers' Compensation Group. Mr. Geaney 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 also distributed by NJICLE. If you are interested in purchasing “Geaney’s New Jersey Workers’ Compensation Manual for Practitioners, Adjusters & Employers,” 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. He is one of two firm representatives to the National Workers’ Compensation Defense Network.

A graduate of Holy Cross College summa cum laude, Mr. Geaney obtained his law degree from Boston College Law School.

Mr. Geaney was selected to the “New Jersey Super Lawyer” list (2005-2017, 2021 in the area of Workers’ Compensation). Only 5% of attorneys are selected to “Super Lawyers” through a peer nominated process based on independent research and peer evaluation. The Super Lawyers list is issued by Thomson Reuters. For a description of the “Super Lawyers” selection methodology, please visit https://www.superlawyers.com/about/selection_process.html

For the years 2022-2024 Mr. Geaney was selected for inclusion in The Best Lawyers in America® list in the practice area of Workers’ Compensation Law - Employers. The attorneys on this list are selected based upon the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. A complete description of The Best Lawyers in America® methodology can be viewed via their website at https://www.bestlawyers.com/methodology.

*No aspect of this advertisement has been submitted to or approved by the Supreme Court of New Jersey.

Capehart Scatchard is a full service law firm with offices in Mt. Laurel and Hamilton, 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.

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

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

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, NJ Workers' Comp 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

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 NJ Workers' Comp, 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

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, NJ Workers' Comp 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, NJ Workers' Comp 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 NJ Workers' Comp, 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, NJ Workers' Comp 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, NJ Workers' Comp 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

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

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

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

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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