A Capehart Scatchard Blog

John H. Geaney

John H. Geaney, a shareholder and co-chair of Capehart Scatchard's Workers' Compensation department, 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.

Eighteen-Foot Fall from Ladder Did Not Aggravate Preexisting Back Condition

By on January 31, 2014 in Key Defenses with 0 Comments
Eighteen-Foot Fall from Ladder Did Not Aggravate Preexisting Back Condition

Remi Beausejour had problems with his lower back dating back to 2006, when he injured his back at work.  He had pain in his back, and down through his right leg.  An MRI showed degenerative disc disease and a disc herniation at L3-4 and L4-5 levels.  He also experienced radiculopathy at the time, and was […]

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Compensability Determination Comes Down to a Measurement in Harrah’s Premises Claim

By on January 23, 2014 in Compensability with 0 Comments
Compensability Determination Comes Down to a Measurement in Harrah’s Premises Claim

The premises rule in New Jersey states that employees are covered when they are on property owned or controlled by the employer.  How far can this be stretched?  When a car accident occurs on a public street with only part of the car touching the employer’s premises, is an injury still covered under the New […]

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Employee Who Entered Drug Rehab Program Was Not Automatically Protected from Adverse Employment Action When He Left the Program Early

By on January 17, 2014 in ADA with 0 Comments
Employee Who Entered Drug Rehab Program Was Not Automatically Protected from Adverse Employment Action When He Left the Program Early

Bryan Shirley worked for Wyman-Gordon Forgings, L.P. (“W-G”) as an operator of the largest extrusion press in the world.  Company policy required that any employee who should develop a problem with drugs or alcohol must confidentially inform the HR manager in order to pursue treatment.  Failure to comply with treatment could subject the employee to […]

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Division of Workers’ Comp Best Forum to Decide Employment Issue on Home Aide Tragically Killed in Car Accident

By on January 6, 2014 in Compensability with 1 Comment
Division of Workers’ Comp Best Forum to Decide Employment Issue on Home Aide Tragically Killed in Car Accident

Saul Liebman was living alone after the recent death of his wife in September 2008.  At the time he was 81 years old.  His daughter made inquiries to find someone who could move into her father’s home and take care of him, including cooking meals and assisting in daily activities. Myroslava Kotsovska, a 59-year-old Ukrainian […]

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Employee Cannot Sue Fellow Employee Even If the Conduct Causing Injury Bordered on Criminal Negligence

By on January 2, 2014 in Compensability with 0 Comments
Employee Cannot Sue Fellow Employee Even If the Conduct Causing Injury Bordered on Criminal Negligence

What if the conduct of an employee during the course of employment is found to be so reckless as to be potentially criminal? Does that permit an injured co-employee to sue his or her fellow employee in civil court for intentional harm?  That was the issue addressed in Morales v. Christopher S. Schneider, A-0862-12T4 (App. […]

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Petitioner Prevails in Alleged Traumatic Injury Claim Even Though Pleadings Were Filed as Occupational In Nature

By on December 20, 2013 in Uncategorized with 0 Comments

It is not uncommon for a claimant to file an occupational disease claim but then at trial attempt to prove a case that is much more like a traumatic injury claim.  The reverse is also sometimes true.  How do courts treat these shifting proofs? In Rivera v. United Parcel Service, the claimant began with UPS […]

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Appellate Division Reverses Award to Petitioner in Occupational Pulmonary Case

By on December 13, 2013 in Claims with 0 Comments

Anthony DiFabrizio worked for US Airways since 1985 at both Newark Airport and LaGuardia Airport.  At Newark Airport he loaded and unloaded baggage from planes, trucks and conveyor belts, as well as driving equipment to push back planes from ramp areas.  At LaGuardia he worked from 1995 to 2008 doing similar work. He also worked […]

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New Ligament in Knee May Be Cause of Complications Post-Surgery

By on December 6, 2013 in Uncategorized with 0 Comments

By Ian Zolty, Esq. Have you ever heard of the anterolateral ligament? If you have not, don’t feel bad because almost no one was aware of it until recent months. The research of two orthopedic surgeons, Dr. Steven Claes and Dr. Johan Bellemans from University Hospitals Leuven in Belgium, may be breaking new ground in […]

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Appellate Division Appears To Upend Established Case Law On Medical Liens In Workers’ Comp Car Accident Cases

By on November 19, 2013 in Uncategorized with 0 Comments

In one of the most puzzling decisions in decades dealing with N.J.S.A. 34:15-40, the court in Dever v. New Jersey Manufacturers Insurance Company, 2013 N.J. Super. Unpub. LEXIS 2553, (App. Div. October 23, 2013) ruled that respondent has no lien on the medical portion of a third party claim against a UM or UIM carrier. […]

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Woman Who Cleaned Medical Office Was Employed by Both Father and Son Physicians and Could Not Sue Either for Negligence

By on November 7, 2013 in Uncategorized with 0 Comments

June Chalmers worked at a medical office, cleaning the office space with another colleague.  On August 20, 2010, she fell on a piece of pipe while at work and suffered injuries which led to serious infections.  Chalmers did not file a workers’ compensation claim and obtained treatment on her own.  However, she did file a […]

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Delays Doom Continental Employee’s Workers’ Comp Claim

By on October 31, 2013 in Uncategorized with 0 Comments

Smile Alvarez worked as an International Service Manager for Continental Airlines.  He flew to Quito, Ecuador on October 21, 2001 and went to check his door to make sure it was in the disarm position.  On entering the airplane’s galley, he tripped and did a near somersault, striking his head, shoulders and neck on the […]

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Employer Is Entitled to Reimbursement of Lien Even If Comp Case Is Ultimately Found Not Compensable

By on October 21, 2013 in Uncategorized with 1 Comment

New Jersey has a very powerful subrogation provision.  That message was emphasized in Greene v. AIG Casualty Company, A-6287-11T4 (App.Div. October 16, 2013), a published decision rendered by the Appellate Division.  It does not matter that the compensation case is ultimately found non-compensable: the employer still can enforce its lien rights as to prior payments […]

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Intentional Harm Suit in Death Case Rejected as Barred by the Exclusivity Provision in Workers’ Compensation

By on October 11, 2013 in Uncategorized with 0 Comments

Once again a plaintiff has failed to get past the exclusivity provision in the New Jersey Workers’ Compensation Act.  In Estate of Samuel Sellino and Phyllis Sellino v. Pinto Brothers Disposal, LLC., A-2064-12T1 (App. Div. September 23, 2013), the Appellate Division considered whether an employer could be sued for allegedly removing or bypassing a neutral […]

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Bill Creating Clear Guidelines in Dispensing of Opioid Medications Introduced in New Jersey Senate

By on October 1, 2013 in Uncategorized with 0 Comments

Opioid medications have become a major problem in the New Jersey workers’ compensation system.  The number of workers being prescribed opioids has increased dramatically along with other attendant problems, such as addictions to the medications, excessive periods of use, and large numbers of unused opioid pills due to over-prescribing.  Every workers’ compensation professional can attest […]

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Employer May Have Violated ADA and FMLA Rights of Employee in Terminating Her Under Discipline Policy

By on September 27, 2013 in ADA, FMLA with 0 Comments

Nancy Haley worked as a Registered Nurse for Community Mercy Health Partners doing business as Springfield Regional Medical Center (hereinafter SRMC).  She began there in June of 1978.  In November 2009, she was diagnosed with breast cancer and underwent two surgical procedures.  She took approximately five and a half weeks of FMLA leave during this […]

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