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.

Employee With Work Injury Who Was Fired For Excessive Absenteeism Was Not Prejudiced By Employer’s Failure To Designate Absence Under FMLA

By on April 13, 2012 in FMLA with 0 Comments

The court reviewed the amended FMLA regulations dealing with prejudice for failing to designate FMLA time promptly. Deborah Myers worked as a dialysis nurse at Kettering Medical Center in Ohio (KMC).  She was injured during the course of her employment on August 15, 2009.  She received temporary total disability benefits under Ohio’s workers’ compensation system.  […]

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Failure To Advise Employee Of FMLA Calculation Method Dooms Employer In Law Suit

By on April 5, 2012 in FMLA with 0 Comments

Carl Thom worked for American Standard as a molder for a period of 36 years.  He had a non-work-related shoulder injury which required surgery, and he sought FMLA leave from April 27, 2005 to June 27, 2005.  The company granted the FMLA leave request in writing.  As it turned out, plaintiff’s recovery period was accelerated […]

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Court Rejects Intentional Harm Claim For Worker Injured Using Table Saw

By on March 27, 2012 in Compensability with 0 Comments

The work conditions complained of were a fact of life of industrial employment and therefore not actionable          Plaintiffs’ counsel continue to try overcome the exclusive remedy provision of the Workers’ Compensation Act, largely unsuccessfully.  The case of  Menkevich v. Delta Tools, A-1950-10T2, shows just how hard it is to prove an intentional harm case […]

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Circuit Court Holds That The FMLA Protects A Pre-Eligibility Leave Request For Post-Eligibility Maternity Leave

By on March 18, 2012 in FMLA with 0 Comments

Employers need to consider the risks of terminating an employee who has asked for FMLA and would soon become eligible Kathryn Pereda brought a suit for interference with her FMLA rights against her employer, Brookdale Senior Living Communities, Inc. in Florida.  The problem from a legal point of view with her law suit is that […]

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Joint Employment Situations In Workers’ Compensation Are Not Limited To Two Employers

By on March 12, 2012 in Uncategorized with 0 Comments

New Jersey court held that the decedent worked for four companies and therefore his representative could not sue any of those four companies civilly Amado Guillermo Orbe sustained fatal injuries using a manlift to remove overhead piping on October 11, 2007.  He performed various job duties for a number of companies.  His estate sued Safer […]

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Goodyear Properly Fired Employee For Misrepresenting Facts On Job Application And Medical Questionnaire

By on March 8, 2012 in ADA with 0 Comments

In Williams v. Goodyear Tire and Rubber Company, a Kansas federal court dealt with the ability of an employer to terminate an applicant for misrepresenting facts in the job application process. Williams filled out a job application and listed three jobs in response to the question “Account for all your time – regardless of how spent.” Williams […]

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Counsel Fees In New Jersey Workers’ Comp Are Not Limited To 20%

By on March 1, 2012 in Uncategorized with 0 Comments

Failure to make timely payment of temp benefits may subject employer to enhanced fees We have previously written about the matter of Qureshi v. Cintas Corporation, A-2703-10T2 (App.Div. February 15, 2012) in prior legal updates.  The case has now made its third appearance before the Appellate Division. The initial issue before the court was whether […]

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Employer’s Knowledge Of Workers’ Compensation Claims History May Constitute Sufficient Evidence That Employer Regarded Employee As Disabled

By on February 27, 2012 in ADA with 0 Comments

The plaintiff had suffered two workers’ compensation accidents and returned to work with restrictions which she argued her employer held against her in terminating her employment. One of the ways that a plaintiff may find coverage under the ADA is to be regarded as having a disability, even if the employee in fact has no […]

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Two Year Statute Of Limitations Runs From Last Date Of Comp Payments And Cannot Be Relaxed By Court

By on February 14, 2012 in Key Defenses with 1 Comment

Many states have a provision that allows an employee to file a workers’ compensation claim within two years from the last payment of workers’ compensation benefits.  But is this statute absolute? Kirsten Toth was injured on July 23, 2004 working for Princeton Health Care.  She struck her head on her car door while bending to […]

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Board Of Education Is Assessed Penalties For Late Payments

By on February 10, 2012 in Uncategorized with 0 Comments

Lori Ferguson was hired as a physical education teacher for the Trenton Board of Education in 1998.  She taught full-time and also was approved by the Board as a summer school teacher in 2000, 2002, and 2003.  On January 7, 2004, Ferguson was injured while setting up a scoreboard for her students.  A television fell […]

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Appellate Court Dismisses Workers’ Comp Claim For Fraud Where Petitioner Misrepresented Facts During Trial

By on February 5, 2012 in Key Defenses with 0 Comments

The New Jersey Division of Workers’ Compensation has its own fraud act within the workers’ compensation law.  The case of Dubrel v. Maple Crest Auto Group, A-3321-10T3 (App. Div. January 30, 2012) illustrates how this law can be invoked where a claimant misrepresents the limitations of his ability to function. The petitioner slipped and fell […]

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New Jersey Town Did Not Discriminate When It Refused To Hire Applicant For Police Officer Position

By on January 29, 2012 in ADA with 0 Comments

Psychological examinations are of great importance in the public safety arena.  In Terry v. Town of Morristown, 2011 U.S. App. LEXIS 20053 (3d. Cir. 2011), Jeffrey Terry applied to be a police officer in the Town of Morristown.  He underwent a psychological fitness evaluation with Dr. Matthew Guller.  Working under the supervision of his supervisor, […]

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Recent Case Law Opens Cracks In The FMLA

By on January 19, 2012 in FMLA with 0 Comments

The heart of the FMLA is job protection for employees during a period of covered leave.  Employers are required under the FMLA regulations to designate leave as FMLA-qualifying based on information received from an employee.  The employee need not ever mention the FMLA nor ask for it specifically.  “Once the employer has acquired knowledge that […]

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Court Affirms Award For Stroke Related To Unusually Stressful Work Conditions

By on January 12, 2012 in Claims with 2 Comments

Euliet Smith worked for Home Instead Senior Care as a caregiver for an elderly woman.  Smith said she cooked, cleaned, bathed and dressed the woman and was on duty 24 hours per day, seven days a week with every other weekend off.  She said it was the most stressful job she ever had. Petitioner also […]

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Employer May Have Violated FMLA In Replacing An Employee Who Was Out Of Work Caring For 18-Year-Old Daughter Following Car Accident

By on January 9, 2012 in FMLA with 0 Comments

What does the phrase mean “to care for” someone with a serious health condition and can an 18-year-old person be considered incapable of self-care for a temporary period of time under the FMLA?  These issues as well as the impact of the ADAAA on the FMLA are covered in an important decision entitled Patton v. […]

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