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.

University Did Not Violate ADA By Requiring Fitness Exam

By on June 27, 2013 in ADA with 0 Comments

Dr. Leon Coursey worked as an Assistant Professor in the Department of Physical Education at the University of Maryland Eastern Shore.  He began there in 1972.  Students logged complaints about Dr. Corsey in 2004, and several colleagues registered complaints in 2007. In 2009, 12 students reported that Dr. Coursey exhibited erratic behavior in the classroom.  […]

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Governor Christie Signs Law Providing Special Benefits to Spouses of Deceased Police and Fire Fighters

By on June 18, 2013 in Uncategorized with 0 Comments

In a piece of special legislation, Governor Christopher Christie signed into law Senate, No. 1469, on June 13, 2013.  The bill pertains to dependency benefits for surviving spouses of certain fire and police personnel who die in the line of duty. Under current law in New Jersey, surviving spouses are entitled to dependency benefits of […]

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Appellate Court Dismisses Occupational Claim As Not Timely Filed

By on June 13, 2013 in Key Defenses with 0 Comments

Is there a statute of limitations in an occupational disease claim?  While some practitioners believe only traumatic claims have a statute of limitations, the case law is clear that there is a statute of limitations in occupational disease claims as outlined in Earl v. Johnson & Johnson, 158 N.J. 155 (1991).  Occupational disease claims can […]

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Injury in Elevator of Multi-Tenant Building Found Not Compensable

By on June 6, 2013 in Compensability with 0 Comments

Petitioner Valerie Pyles worked for respondent The Mentor Network as a therapist in the Somerset, N.J. office.   Her office was on the third floor of a four-story office building.  She generally took one of the building’s two elevators from the lobby to the third floor to get to her office. On the accident date, Pyles […]

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Appellate Division Rejects Claim By Counsel That Compensation Judge Was Biased and Partial to Respondent

By on May 28, 2013 in Uncategorized with 0 Comments

There are very few cases in workers’ compensation where a party asks a judge to recuse himself or herself.  One recent case, Executrix of the Estate of Rosemarie Bellino v. County of Hudson, A-0275-11T4, (App. Div. April 30, 2013) provides guidance on the legal standard. Rosemarie Beillino worked as a sheriff’s officer for the County […]

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Employer Which Discovered Material Misrepresentations Years Later On Post-Offer Form Properly Terminated Employee For Dishonesty

By on May 16, 2013 in ADA with 0 Comments

Many employers utilize post-offer medical examinations as part of their hiring process to screen out potential employees who cannot perform the essential functions of the job with or without reasonable accommodation.  Sometimes, however, the value of a post-offer medical examination does not come to light until long after hiring.  In Reilly v. Lehigh Valley Hospital, 27 […]

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Tenth Circuit Court Of Appeals Finds Employer Properly Rejected Request For Telecommuting And Additional FMLA Leave

By on May 2, 2013 in FMLA with 0 Comments

In Valdez v. Brent McGill and Mueller Supply Company, Inc., 2012 U.S. App. LEXIS 2783 (10th Cir. 2012), the court considered whether a request for telecommuting and additional leave was a reasonable accommodation. Doyle Brown worked as a warehouse supervisor for Mueller Supply Company.  He supervised Mueller’s warehouse, including all shipping and receiving.  He advised […]

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Appellate Court Affirms City’s Termination Of Police Officer For Failing To Take Drug Test And Dismisses Workers’ Compensation Retaliation Claim

By on April 26, 2013 in Uncategorized with 0 Comments

John Lance, a police officer for the City of Camden, New Jersey, was injured on May 10, 2004 in a work-related motor vehicle accident.  He received medical and temporary disability benefits in workers’ compensation.  However, he alleged that his workers’ compensation benefits were improperly terminated in October 2005. On June 12, 2004, about a month […]

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Door Remains Closed On All But The Most Egregious Suits For Intentional Harm In New Jersey

By on April 17, 2013 in Compensability with 1 Comment

It is certainly not for lack of trying that plaintiffs remain largely unsuccessful in opening the door to intentional harm claims in New Jersey.  The door has remained closed in the past 10 years on intentional harm claims and all but locked, including the most recent challenge in Fendt v. Adam L. Abrahams, et. al., […]

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School Bus Driver’s Injury After Cleaning School Bus At Home Was Covered Under Comp

By on April 9, 2013 in Compensability with 0 Comments

Walesca Benvenutti worked for Scholastic Bus Company as a school bus driver.  She drove children to school in the morning and then drove them home in the afternoon.  She was required to clean the bus interior and inspect the seatbelts after each run.  The testimony of both petitioner and her employer was that there was […]

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Department of Labor Provides Intepretation of Standards for Leave to Care for Adult Son or Daughter Under FMLA

By on April 4, 2013 in FMLA with 0 Comments

Employers should be aware that interpretation of being incapable of self-care and having a disability are very broad. The Americans with Disabilities Act Amendments Act (ADAAA) is having an impact in other areas of law, specifically the FMLA.  A good example concerns the FMLA provision for leave to care for an adult son or daughter […]

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Award Affirmed For Mechanic With Longstanding Back Problem Found To Have Been Worsened By Twisting Motion

By on March 28, 2013 in Key Defenses with 0 Comments

Edward Kovalcik worked as a maintenance mechanic at Capital Health-Fuld.  He was injured in February 2011 while repairing a door.  He said that he twisted to pick up a screw and injured his low back.  Dr. Lee Buono, a neurosurgeon at the hospital, came to the scene of the injury and observed Kovalcik writhing in […]

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Fourth Circuit Holds Pregnant UPS Employee With Lifting Restrictions Was Not Covered Under ADA When Company Prevented Her From Working With Lifting Restriction

By on March 22, 2013 in Uncategorized with 0 Comments

Peggy Young worked for United Parcel Services (UPS) as a delivery truck driver.  She became pregnant in 2006 and was given a restriction from her doctor indicating that she should not lift more than 20 pounds for the first 20 twenty weeks of her pregnancy and no more than 10 pounds thereafter.  Later her midwife reiterated the 20 […]

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Employee Who Waited Too Long to Inform Employer of Injury Was Barred From Compensation

By on March 13, 2013 in Uncategorized with 0 Comments

Few New Jersey workers’ compensation cases turn on the issue of notice under N.J.S.A. 34:15-17 simply because the New Jersey statute allows up to 90 days in most instances to report a traumatic injury.  The case of Ader v. Lebanon Township, A-0383-11T2 (App.Div.March 11, 2013) focused on this section of the law and whether there […]

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Does An Employer Owe Temp Benefits In New Jersey If The Employee Cannot Work One Job But Is Still Working Another?

By on March 4, 2013 in Compensability with 2 Comments

Clients ask about the following scenario frequently: Bob injures his low back working for Company A on January 1, 2013, arising out of and in the course of employment.  He earns $400 per week working 20 hours per week.  Company A pays temp benefits at $280 per week, and the authorized doctor indicates that Bob […]

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