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.

2013 Edition of Geaney’s New Jersey Workers’ Compensation Manual Now Available

By on October 9, 2012 in Uncategorized with 0 Comments

The 2013 Manual is a compilation of prior editions with particular emphasis on cases decided in 2011-2012, as well as the addition of important chapters for practitioners of workers’ compensation. Some of the 2013 Edition highlights are as follows: New chapter on catastrophic claims in workers’ compensation New chapter on calculating awards in workers’ compensation […]

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Court Holds That First Employer is Responsible for Entire Case Notwithstanding Subsequent Injuries

By on October 2, 2012 in Compensability with 0 Comments

Defining what is a flare up from a new injury as opposed to objective worsening in the condition has always been more art than science.  In Allison v. L&J Contracting Company, A-1352-11T4 (App. Div. September 27, 2012), the petitioner Allison injured his low back falling in a hole on July 27, 2006.  He filed a […]

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Appellete Division Holds That Costs of Suit Under Subrogation Provision in New Jersey are Limited to $750

By on September 25, 2012 in Controlling Costs with 1 Comment

From time to time, plaintiff’s counsel takes the position that respondent’s lien is applied to the net proceeds after deduction for plaintiff’s total costs of suit.  In Greater New York Mutual Insurance Company v. Calcagno & Associates, A-0900-11T4 (App. Div. September 20, 2012), that very issue was decided. John Phillips was injured arising from work, […]

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Circuit Court Holds Employer Does Not Have to Accomodate Employee’s Commuting Issues

By on September 21, 2012 in FMLA with 0 Comments

Alisha Regan worked for Faurecia Automotive Seating, Inc., as a prototype seat builder.  At the time she began with the company, she lived 24 miles from the plant.  She and her husband then moved to a new home 79 miles from the plant.  Her commute might take two hours or longer. Regan had been diagnosed […]

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Employee Who Was Going to College While on FMLA Leave Was Properly Terminated

By on September 14, 2012 in FMLA with 0 Comments

Plaintiff worked as a supervisor for Comcast’s Retention Department.  She worked Monday through Friday. In July 2010 she requested time off on Tuesdays and Thursdays to take care of her child, who suffered from asthma.  The request was initially denied, so plaintiff used flex time or vacation time on Tuesdays and Thursdays until she ran […]

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City Properly Terminated Employee with Severe Restrictions in Connection with Return to Work

By on September 4, 2012 in ADA with 0 Comments

Workers’ compensation cases sometimes lead to ADA litigation when an injured worker contends that he or she can return to work with serious restrictions, but the employer maintains it has no job available within these restrictions.  That was the dynamic in Otto v. City of Victoria, 685 F.3d 755 (8th Cir. 2012). Leland Otto was injured […]

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An Individual Supervisor at a Public Agency May be Held Personally Liable Under the FMLA

By on August 29, 2012 in FMLA with 0 Comments

A recent case in the Third Circuit (including New   Jersey) has addressed individual liability of supervisors of public agencies.  In Haybarger v. Lawrence County Adult Probation and Parole, 667 F.3d 408 (3d. Cir. 2012), the plaintiff, Debra Haybarger, worked as an office manager for the Lawrence County Probation and Parole Agency.  Haybarger alleged that […]

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House Cleaner Injured on First Day of Work Was an Independent Contractor Not Covered Under Comp

By on August 23, 2012 in Compensability with 0 Comments

Luz Lukasik agreed to provide house cleaning services for Marguerite Hollaway and two others.  Respondents contacted Lukasik after hearing about her from an acquaintance.  At that time she was cleaning five or six other houses and one office building on a regular basis.  Petitioner Lukasik and her daughter went to the home of respondents and […]

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Third Circuit Holds That Employer Can Terminate Employee on FMLA for Violation of Paid Sick Leave Policy by Traveling Far From Home During Leave Without Permission

By on August 16, 2012 in FMLA with 0 Comments

Someone who is on FMLA is still subject to other leave policies like call-in policies and paid sick leave policies prohibiting distant travel The case of Denise Pellegrino v. Communications Workers of America, AFL-CIO, 2012 U.S. App. Lexis 7902 (3d. Circuit 2012) offers important guidance for employers who struggle to deal with the FMLA in […]

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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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