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.

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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Occupational Back Claim Is Held To Be Time Barred And Alleged Subsequent Work Injury Is Defeated By Medical Records Showing An Injury At Home Immediately Prior To Cessation Of Work

By on January 3, 2012 in Uncategorized with 0 Comments

James Graf worked from 1982 to December 2002 refinishing wood floors.  He had a physical job.  He operated a 230-pound sander, a 50-pound edging machine, and a radiator sander.  He would remove pieces of heavy equipment from his employer’s van and carry the equipment up the stairs to the work location.  He also stained sanded […]

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Facebook – Ushering in a New Era of Discovery?

By on December 20, 2011 in Uncategorized with 0 Comments

As the world in which we live continues to become more technologically advanced, it should come as no surprise that this advancement is having effects on many areas of the law.  Attorneys and clients are beginning to see the interplay between social networking sites, such as Facebook, and the law, as these social platforms are […]

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Gross Negligence Is Insufficient For Plaintiff To Prove Intentional Harm Claim

By on December 15, 2011 in Compensability with 0 Comments

Plaintiffs’ counsel continue to assault the citadel that is the exclusive remedy defense in the New Jersey Workers’ Compensation Act.  Once again a New Jersey court has held that no intentional harm was proven. Craig Kane worked for the County of Burlington as an HVAC mechanic.  He also owned his own mechanical business.  He was asked […]

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Can An Employer Defeat An Asbestos-Related Cancer Claim Based On The Statute Of Limitations?

By on December 5, 2011 in Key Defenses with 0 Comments

The answer to this question, at least in New Jersey, is a resounding yes, if you have the right facts.  In Russo v. Hoboken Board of Education, A-1861-10T4 (App. Div. November 29, 2011), the petitioner filed a claim petition on February 24, 2004.  He alleged that pulmonary injuries caused by asbestos exposure principally between 1990 […]

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Sixth Circuit Decision Bolsters Power Of Medicare Secondary Payer Law

By on November 27, 2011 in Uncategorized with 0 Comments

It is long past obvious that the Medicare Secondary Payer Statute is here to stay.  But how well is the MSP faring in the courts?  Judging by the decision in Hadden v. United States of America, CMS would say that it is faring quite well, thank you. The Hadden case was decided on November 21, […]

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Plaintiff’s Claim For Intentional Harm Survives Motion To Dismiss Made By Defendant

By on November 18, 2011 in Compensability with 0 Comments

The exclusive remedy provision is a powerful one in New Jersey.  It is the rare case where a plaintiff successfully proves intentional harm.  Nonetheless, a well-plead complaint will often survive a motion to dismiss as is shown in Blackshear v. Syngenta Crop Protection., et. al. 2011 U.S. Dist. LEXIS 125505 (D.N.J. October 31, 2011).  The […]

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