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.

Tenth Circuit Court of Appeals Finds Leave in Excess of Six Months Is not a Reasonable Accommodation

By on September 23, 2014 in ADA, NJ Workers' Comp with 0 Comments
Tenth Circuit Court of Appeals Finds Leave in Excess of Six Months Is not a Reasonable Accommodation

Grace Hwang worked as an assistant Professor at Kansas State University.  Before the fall term began, she found out she had cancer and needed treatment.  She requested a six month leave of absence, which Kansas State granted.  As the spring term approached, Hwang’s doctor indicated that she would need additional leave time.  She requested another […]

Continue Reading »

Court Finds Joint Employment for Golf Course Superintendent and Applies “Bunkhouse Rule” in Holding Injury at Residence to Be Compensable

By on September 15, 2014 in Compensability, NJ Workers' Comp with 0 Comments
Court Finds Joint Employment for Golf Course Superintendent and Applies “Bunkhouse Rule” in Holding Injury at Residence to Be Compensable

Eric Hanisko worked as a superintendent of a 120-acre golf course in West Windsor, N.J.  He accepted a written offer of employment in February 2008 on behalf of BCGM, a corporation specializing in golf course management, and CGC, the owner of the golf club.  His employment package included housing at the club. On April 11, […]

Continue Reading »

OSHA Is Considering New Reporting Procedures for Employers for Work Injuries

By on September 4, 2014 in NJ Workers' Comp, Uncategorized with 1 Comment

Employers continue to deal with federal intrusions in workers’ compensation: the Medicare Secondary Payer Statute and now new rules being considered by OSHA.  On November 8, 2013, OSHA published a notice of proposed rule-making to amend the agency’s regulations on reporting injuries and illnesses. OSHA is concerned that injury reporting may be inaccurate because employers […]

Continue Reading »

Claimant with Parkinson’s Disease Failed to Prove Work Accident Aggravated His Condition and Failed to Prove Entitlement to Second Injury Fund Benefits

By on August 25, 2014 in Key Defenses, NJ Workers' Comp with 0 Comments

Kevin Durnien worked as a tractor-trailer driver for United Parcel Service (UPS) from 1996 to 2008.  He was diagnosed with Parkinson’s disease in 2003 but continued to drive for UPS for several years. On October 25, 2007, Durnien was injured when he fell on his elbow while making a warehouse pickup.  He injured his rotator […]

Continue Reading »

MRSA Claim Found Compensable Based on Timeline of Work Injury

By on August 13, 2014 in Compensability, NJ Workers' Comp with 1 Comment
MRSA Claim Found Compensable Based on Timeline of Work Injury

Kenneth Nichols worked for Midstates Packaging, Inc. as a mechanic. He was injured on April 7, 2008, while trying to take the transmission out of a Hyster forklift. While underneath the forklift, Nichols heard a pop in his shoulder when the forklift rolled off the blocks and over his left shoulder. He did not notice […]

Continue Reading »

New Jersey Supreme Court Rejects Dependency Arising from Employee’s Stroke While Telecommuting

In a long awaited decision, the Supreme Court of New Jersey has overturned an award in the matter of James P. Renner v AT&T (A-71-11) (068744).  The case has drawn national attention because it dealt with a stroke claim from an employee who telecommuted quite regularly. Cathleen Renner worked for AT&T for 25 years as […]

Continue Reading »

Appellate Division Reverse Large Award to Claimant with PTSD Post-September 11, 2001

Appellate Division Reverse Large Award to Claimant with PTSD Post-September 11, 2001

Inez Graham worked for the Port Authority of New York and New Jersey.  She began her employment in June, 1987 as a toll collector.  She was injured in 1989 when she slipped and fell while working at the Holland Tunnel.  She received an award in 1993 of 30% partial permanent disability for her left leg […]

Continue Reading »

Appellate Division Reverses Judge of Compensation and Remands Case to a Different Judge

By on July 21, 2014 in FMLA, NJ Workers' Comp with 0 Comments
Appellate Division Reverses Judge of Compensation and Remands Case to a Different Judge

Mary Liu worked as a dealer at Bally’s Casino in Atlantic City.  On November 10, 2012, she was dealing a game of poker.  A customer whom she knew well “signified a check by forcibly striking the table very hard.” Petitioner was not facing the customer and felt startled by the noise.  She said her heart […]

Continue Reading »

Carrier that Mistakenly Represented Employer Cannot Use Comp Court to Obtain Reimbursement

Carrier that Mistakenly Represented Employer Cannot Use Comp Court to Obtain Reimbursement

Shaun Cronrath, a Burlington County College employee, was injured at work when he was attacked by a fan while coaching a basketball game.  He filed a claim petition, and Travelers Casualty Insurance Company of America (hereinafter “Travelers”) filed an answer on behalf of the College.  Travelers negotiated a settlement of $35,000 on behalf of the […]

Continue Reading »

Senate Passes Bill to Eliminate Voluntary Offer Credits Due Employers in New Jersey

The New Jersey Senate passed S374 by a vote of 23-12 on Monday, June 30, 2014.  The bill effectively ends the benefit that employers obtain from making voluntary offers of permanency under N.J.S.A. 34:15-64. New Jersey has an unusual practice of requiring employers to pay 60% of the attorney’s fee of the claimant in an […]

Continue Reading »

Court Rules that Telecommuting Could Be Reasonable Accommodation under the ADA

By on June 30, 2014 in ADA, NJ Workers' Comp with 1 Comment
Court Rules that Telecommuting Could Be Reasonable Accommodation under the ADA

Telecommuting is a trend that is rapidly growing in the United States, and telecommuting requests are also on the rise as a potential reasonable accommodation under the ADA.  A recent Sixth Circuit Court of Appeals case, EEOC v. Ford Motor Company, 2014 U.S. App. LEXIS 7502 (6th Cir. 2014) illustrates how difficult it can be […]

Continue Reading »

Appellate Court Defers to Compensation Judge on Assessment of Partial Permanent Disability

One of the most challenging aspects of New Jersey workers’ compensation practice is estimating the level of permanent partial disability, particularly in a system in which the evaluating physicians have such disparate estimates.  The New Jersey Division of Workers’ Compensation does not use AMA Guidelines, which makes it even harder to reconcile widely diverging medical […]

Continue Reading »

Partner in Limited Liability Corporation Was Not Covered in Fall from Ladder

Rodney Farnath fell off a ladder at work and filed a motion for medical and temporary disability benefits against 34th Street Markets, LLC.  Farnath was a limited partner in the LLC.  Farm Family Casualty Insurance Company, the workers’ compensation carrier for the employer, declined coverage on the grounds that the policy issued to the LLC […]

Continue Reading »

NJ Business Owner Sentenced to Jail for Workers’ Comp Insurance Fraud

New Jersey has a strong fraud statute, and it applies both to employees and employers.  Most of the cases that have been highlighted in this blog have concerned employees.  However, in a recent development, a Spring Lake, New Jersey man, was sentenced to 180 days in jail, 150 days of community service, and three years […]

Continue Reading »

Seventh Circuit Court of Appeals Parts Company With Other Courts in Defining Care Under FMLA More Broadly

By on June 5, 2014 in FMLA, NJ Workers' Comp with 0 Comments
Seventh Circuit Court of Appeals Parts Company With Other Courts in Defining Care Under FMLA More Broadly

Beverly Ballard worked for the Chicago Park District.  Her mother, Sarah, who lived with her daughter, was diagnosed with end-stage congestive heart failure in 2006 and began receiving hospice support.  Beverly acted as the primary caregiver for her mother, cooking her meals, administering insulin and other medications, draining fluids from her heart, and bathing and […]

Continue Reading »

Top