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.

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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Termination of Correctional Counselor Upheld

By on September 13, 2013 in ADA with 0 Comments

Employers cannot always make accommodations to persons with disabilities, and the obligation only arises if the employee can show that he or she is qualified to perform the essential functions of the job with or without accommodation. In the case of Atkins v. Eric Holder, Attorney General, 2013 U.S. App. LEXIS 12340 (4th Cir. 2013), […]

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Appellate Division Affirms Decision of Judge of Compensation on Making an Adverse Inference From Failure of Petitioner to Produce Treating Cardiologist in Case

By on September 6, 2013 in Claims with 0 Comments

Of what significance is it when a claimant who has been treating with a cardiologist for decades files a pulmonary claim but never produces the cardiologist to testify? That was the key issue in Donato v. Jersey City Municipal Utilities Authority, A-5984-11T4 (App. Div. August 21, 2013). John Donato worked for the JCMUA from 1961 […]

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Trainer Injured at Health Club Shed Her Employee Status and Was Not Covered at the Time of Her Fall

By on August 29, 2013 in Compensability with 0 Comments

Mary Patterson worked for The Atlantic Club as a personal trainer, training clients from 6:00-7:00 a.m., from 8:00-11:00 a.m., and from 12:00-3:00 p.m.  She was injured at 11:15 a.m. when she tripped and fell, breaking her wrist on the premises.  The Atlantic Club denied the claim asserting that she was not in the course of […]

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HIV Positive Employee Shows Enough Evidence to Defeat Employer’s Motion for Summary Judgment

By on August 20, 2013 in ADA with 0 Comments

Winning on summary judgment on fact sensitive ADA cases can be quite difficult as seen in Croy v. Blue Ridge Bread, Inc. d/b/a Panera Bread, 28 ADA Cases 414, (W.D. Va. No. 3:12-cv-00034, July 15, 2013). Mark Croy worked for Blue Ridge Bread (hereinafter BRB) as a café worker. In 2008, he received a promotion […]

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Appellate Division Affirms Decision That a Motion for Past Benefits Should Not Be the Subject of a Motion Trial

By on August 16, 2013 in Compensability with 0 Comments

Caitlin Wilson was injured on September 8, 2011 when she dropped a heavy frame on her foot while in the employment of respondent Studio I, Inc. She received $420 per week from September 14, 2011 to October 24, 2011 in temporary disability benefits.  Her doctor advised that she could work light duty at the end […]

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Failure to Provide FMLA Notice Dooms Employer’s Effort to Terminate Employee for Excessive Use of Leave

By on August 8, 2013 in FMLA with 0 Comments

The case of Young v. Wackenhut Corporation, 2013 U.S. Dist. LEXIS 14414 (D. N.J. Feb. 1, 2013) demonstrates the importance of providing required FMLA notice to eligible employees. Jacqueline Young, a Payroll Specialist, advised her employer, The Wackenhut Corporation (hereinafter “TWC”), of her interest in maternity and FMLA leave in November 2008, when she first […]

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Employer May Be Entitled To Offset For Overpayment Of Benefits To Petitioner

By on July 29, 2013 in Compensability with 0 Comments

Adam Weiner worked for the Elizabeth Board of Education and received an award of 100% total and permanent disability on October 18, 2000.  That entitled him to $480 per week for 450 weeks and thereafter.  That award was reduced on January 9, 2001 to $340.98 per week due to the social security disability offset rate. […]

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Appellate Court Approves Dismissal of Firefighter’s Occupational Knee Injury Claim

By on July 24, 2013 in Key Defenses with 0 Comments

John Machiaverna worked for the City of Newark as a firefighter since 1988.  He filed a workers’ compensation claim for his left knee in 2008, alleging that repeated work stressors over many years caused extensive knee problems and a need for knee replacement surgery in May 2007.  He contended that his knee problems were due […]

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The “General Employer” Is Immune From Civil Suit From An Employee Loaned To A “Special Employer” In New Jersey

By on July 18, 2013 in Uncategorized with 0 Comments

In December 2006, Bobby Robinson was injured working at a construction site in Asbury Park, N.J. when a jack hammer “kicked back” and knocked him off a ladder.  He filed two workers’ compensation petitions:  one against Tishman Construction Corporation and the other against Air Joy Heating and Cooling, Inc.  The two companies asserted joint responsibility for […]

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Fitness-For-Duty Exams in Workers’ Compensation

By on July 10, 2013 in ADA with 1 Comment

The words “fitness for duty” do not appear in the New Jersey Workers’ Compensation Act, but the issue is of paramount importance to employers and employees in many workers’ compensation cases.  In New Jersey the need for a fitness exam is often compelling because medical and temporary disability benefits end at maximal medical improvement often […]

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