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.

New Jersey Supreme Court Rules That Injured Employee May Not Sue Workers’ Comp Carrier for Pain and Suffering Caused Allegedly by Carrier’s Delay in Paying for Medical Services

By on August 6, 2012 in Uncategorized with 0 Comments

On August 1, 2012, the New Jersey Supreme Court weighed in on an issue that has important implications for all practitioners of workers’ compensation in this state.  The decision in Stancil v. ACE USA A-112-10, 06764 concerned a civil law suit stemming from the handling of a compensable work accident that occurred on May 14, […]

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Accident Crossing Busy Street To Work Site Is Compensable Where County Paid For Parking And Designated Parking Spot

By on July 30, 2012 in Compensability with 2 Comments

In Hersh v. County of Morris, A-1442-10T4 (App. Div. July 24, 2012), the Appellate Division affirmed an award for claimant,Cheryl Hersh, who worked for Morris County.  For the first two years she worked for the County beginning in 2002, the County paid for parking at a private lot located behind her work site at the […]

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Court Holds Employer Must Pay Total Disability for Complex Groin Injury Without Second Injury Fund and Could Not Offer Surveillance Tapes Done Post-Testimony

By on July 23, 2012 in Compensability with 0 Comments

In the case of Marra v. Ryder Transportation Resources, A-5724-10T4 (App. Div. July 2, 2012), the Appellate Division affirmed a holding that the employer was solely responsible for total disability stemming from a groin injury that occurred 15 years ago. The petitioner, Gerard Marra, originally injured himself at work lifting a loading gate.  On January […]

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Town Wins Workers’ Comp Case by Proving Employee Engaged in Fraud in not Revealing Prior Medical Condition

By on July 12, 2012 in Key Defenses with 0 Comments

The Judge of Compensation and Appellate Division found that the employee was entitled to no benefits based on his violation of the New Jersey Fraud Act In Johnnie Jackson v. Township of Montclair, A-2212-11T2 (App. Div. July 5, 2012), the claimant injured his knee while moving large boxes of books at the Montclair Public Library on […]

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Appelate Division Disapproves Dual Capacity Doctrine

By on July 5, 2012 in Uncategorized with 0 Comments

Danielle Fry worked as a cook for Palroll Inc., trading as the Lakeside Tavern in Branchville, N.J.  Palroll operated the tavern and also owned the building in which it was located.  The owners of Palroll were the Rohls. On April 13, an employee of a bottling company delivered fifteen canisters of soda and one CO2 […]

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New Jersey Supreme Court Nearly Bars the Door to Claims for Inentional Harm

By on July 3, 2012 in Compensability with 0 Comments

In Van Dunk v. Reckson Associates Realty Corporation, (A-69-10) (066949), the Supreme Court of New Jersey on June 26, 2012 reversed an appellate division decision that had promised to breathe life into suits against employers for intentional harm. Reckson Associates Realty Corporation and Reckson Construction contracted with James Construction Company to build a retention pond […]

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Court Rejects Occupational Stress Claim

By on June 27, 2012 in Claims with 1 Comment

Employee could not prove objectively verified stressful conditions  New Jersey has a sensible occupational stress standard, namely that the person claiming work stress as a cause for psychiatric illness must prove objectively that the work conditions were stressful.  Since all employees experience some degree of stress, this standard is not very easily met. In Knight […]

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No Legal Malpractice Where Plaintiff Did Not See Comp Attorney Until Two Years After She Knew of Her Stress Condition and Relationship to Work

By on June 18, 2012 in Key Defenses with 0 Comments

New Jersey has a statute of limitations for both traumatic and occupational disease claims.  In Millar v. Darren J. Del Sardo, Esq. A-4388-10T1 (App. Div. April 27, 2012), both statutes of limitations came into play. Plaintiff Cynthia Millar began working for Cablevision in 1997 as an account executive.  She began treating with a psychologist for […]

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Fourth Circuit Court of Appeals Holds That Plaintiff Failed to Adequately Explain How He Receives SSD Benefits and Can Still Be Able to Work

By on June 11, 2012 in ADA with 0 Comments

EEOC could not explain how employee could claim ability to work with accommodation while getting SSDI payments. Michael Turner worked for Greater Baltimore Medical Center (GBMC) as a unit secretary since 1984.  In 2005, Turner was hospitalized for necrotizing fasciitis, which is a life-threatening condition.  He later suffered a stroke during the same year. Turner also […]

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Appellate Court Finds Petitioner to be a Casual Employee

By on June 1, 2012 in Key Defenses with 0 Comments

The casual employee defense remains viable in New Jersey.  It is a difficult defense to make in certain lines of employment such as trucking, real estate agents, newspaper delivery persons and cab drivers, but it remains viable in situations involving home remodeling and home additions. A good illustration is the recent case of Cruz v. […]

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Must an Employer Reassign an Employee with a Disability to a Vacant Position Even if More Qualified Candidates Exist?

By on May 21, 2012 in ADA with 0 Comments

The question is an important one and comes down to this: is the reassignment process competitive? Courts are split on the issue with the most recent decision coming in EEOC v. United Airlines, Inc., 673 F.3d 543, 2012 U.S. App. LEXIS 4713 (7th Cir. 2012).  The case involved United Airlines’ company policy, which does not automatically […]

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Township is not Responsible for Surgery Sought by Police Officer Where Work Accident was not Proven to be the Cause for Low Back Surgery

By on May 14, 2012 in Uncategorized with 0 Comments

Hugh McNeil was a long-time police officer for the Township of South Brunswick.  On April 3, 2010, McNeil responded to an emergency call.  He was wearing his bulletproof vest and gun belt and said that he hurriedly exited his vehicle, feeling pain in his back.  He said he might have hit the steering wheel but […]

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Dyslexia and Learning Disability Do Not Provide Exemption From Two-Year Statute of Limitations

By on May 7, 2012 in Key Defenses with 0 Comments

The statute of limitations is jurisdictional and nothing, other than perhaps insanity, relieves a claimant from the rule All states have statutes of limitations for filing compensation claims.  But are these statutes flexible under certain circumstance? The answer in New Jersey is emphatically no. In Zito v. AIC, A-1070-10T2 (App. Div. September 26, 2011), petitioner began […]

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Federal Court Holds That Carpal Tunnel Syndrome May Constitute A Disability Under The ADA

By on April 26, 2012 in ADA with 0 Comments

More and more ADA cases stem from garden variety workers’ compensation claims, and disability discrimination claims now make up one quarter of all EEOC charges. The case of Gibbs v. ADS Alliance Data Systems, Inc., 2011 U.S. Dist LEXIS 82540 (D. Kansas) drives home the point that many claimants with work-related injuries will now find […]

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Appellate Division Allows Accidental Disability Pension For Work Injury To Custodian

By on April 19, 2012 in Uncategorized with 0 Comments

The court makes clear that an unexpected event is covered even if the employee could foresee the harm Accidental disability pensions in the public sector remain controversial because employees receive two thirds or more of their pay for life with no federal tax obligation and no state tax obligation until age 65.  The receipt of […]

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