A Capehart Scatchard Blog

John H. Geaney

John H. Geaney

John H. Geaney, an executive committee member and shareholder with Capehart Scatchard, 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.

Appellate Division Resolves Long-Standing Dispute on Lien Formula With High Third Party Settlements

By on April 4, 2019 in Settlements with 0 Comments

After at least four decades of disagreement on lien reimbursement calculations in high third party settlements, the Appellate Division this week handed down a reported decision in Liberty Mutual Insurance o/b/o Sabert Corporation v. Jose R. Rodriguez, A-0112-17T4 (App. Div. April 2, 2019).  Betsy Ramos, Esq., co-chair of Capehart’s litigation department, successfully argued the cause […]

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Employee’s Failure to Pursue Rights in Workers’ Compensation Court Precludes a Civil Suit for Failure to Accommodate under the ADA and LAD

By on March 28, 2019 in Policy with 0 Comments

As practitioners well know, many ADA law suits begin with a workers’ compensation injury.  But where is the line between an issue that must be handled in workers’ compensation and one that can be brought in civil court?  That was the issue that the New Jersey Supreme Court decided on March 25, 2019 in Caraballo […]

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The ERISA Lien – – A Federal “Partner” In State Workers’ Compensation Litigation

By on March 21, 2019 in Policy with 0 Comments

By:  Alfred Vitarelli, Esq., Shareholder, Stark & Stark If the workers’ compensation practitioner reading this otherwise dry blog finds his/her mind wandering to more exciting topics, let your mind focus on that ominous line from the 1987 classic “Fatal Attraction:” I will NOT be IGNORED!” No, I am not comparing the great acting of Glenn Close […]

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The Perez Trio of Cases and Proof of Permanent Partial Disability

By on March 15, 2019 in Claims with 0 Comments

It is a remarkable coincidence that the three cases that best explain entitlement to permanent partial disability benefits in New Jersey all involve claimants with the last name of Perez.  The most important of the three Perez cases is Perez v. Pantasote, 95 N.J. 105 (1984). This case addressed the key statutory definition in N.J.S.A. […]

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New Jersey Supreme Court Rules That Volunteer Firefighter Is Entitled To Maximum Temp Benefits Even Without Proof Of Employment Or Lost Wages

By on February 22, 2019 in Court Rulings with 0 Comments

Jennifer Kocanowski, a member of the Finderne Fire Department in the Township of Bridgewater, was injured in March 2015 while carrying equipment in response to a multi-alarm fire.  She fractured her fibula, tore ligaments in her ankle, and injured her back. Prior to the injury, Kocanowski had not worked for over a year.  She had […]

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Appellate Division Holds Officer’s Injury to Knee Wearing 25 Pounds of Equipment Was Not Idiopathic

By on February 20, 2019 in Compensability with 0 Comments

The idiopathic defense is not an easy one for employers to prevail on in New Jersey.  The basic concept is that the injury is not a result of any particular work effort and could happen anywhere, such as walking along a work corridor and suddenly feeling pain in one’s knee without falling or tripping.  But […]

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Injuries Post Job Termination

By on February 15, 2019 in Workers' Comp Basics with 0 Comments

What happens if an employer terminates the employment of a worker, who then has an accident before leaving the work premises?  Is there workers’ compensation coverage? Does it make a difference if the employee quits as opposed to being fired and then has the injury on premises while leaving?  Does the moment of job termination […]

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Health System Properly Withdrew Job Offer Due to Failure of Applicant to Complete Vaccine Testing

By on February 5, 2019 in ADA with 0 Comments

Janice Hustvet worked for Courage Center, which merged with Allina Health System in 2013.  Hustvet worked for 15 years at Courage Center as an Independent Living Skills Specialist, educating, supporting and assisting clients with disabilities including spinal cord and brain injuries. On May 13, 2013, Hustvet completed her pre-placement health assessment.  She acknowledged that she […]

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Medical Providers Have Six Years To File Claims in Division of Workers’ Compensation

By on January 24, 2019 in Claims with 0 Comments

The New Jersey Appellate Division decided an important case on January 17, 2019 entitled The Plastic Surgery Center, PA. v. Malouf Chevrolet-Cadillac, Inc,.  The case centered on how long a medical provider has to file a claim petition in the Division, namely whether providers have two years, like claimants, or six years.  The case has […]

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The Very Sensible Premises Rule In New Jersey Workers’ Compensation

By on January 17, 2019 in Policy with 1 Comment

Until 1979 New Jersey had a doctrine known as the “going and coming rule,” and that rule basically said that employees were not covered for workers’ compensation when they were going to work or coming from work.  Scores of exceptions emerged over the years, creating a patchwork of inconsistency, thus prompting the New Jersey Legislature […]

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County Did Not Violate ADA When It Proposed A Half-Time Office Job With Full Pay But Refused To Grant Other Accommodations Requested By Plaintiff

By on January 14, 2019 in ADA with 0 Comments

One of the most difficult issues for employers to deal with is the work injury which leaves an employee with lasting difficulties in performing job duties.  Employers encounter this frequently with occupational claims such as carpal tunnel or epicondylitis where the employer settles the compensable workers’ compensation claim and then places the employee back in […]

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Triennial Recalculation Issue Decided in Favor of Respondents and 2nd Injury Fund

By on December 26, 2018 in Awards with 0 Comments

The Honorable Joshua Friedman decided an issue this month that has been pending for several years regarding calculation of the Social Security Disability offsets in workers’ compensation cases for petitioners under the age of 62.  A petitioner’s attorney had brought motions in five cases including one handled by our office, asserting that the SSD offset […]

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Section Twenty Settlements and Subrogation Rights

By on December 14, 2018 in Workers' Comp Basics with 0 Comments

Section 20 settlements are not technically payments of workers’ compensation benefits except for insurance rating purposes.  These settlements are popular with employers because the file can be closed for good with no potential for a reopener claim.  In many states, the Section 20 settlement is called a full and final settlement.  But does a Section […]

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Appellate Division Approves Suit By Comp Carrier Against Third Party Tortfeasor Even Where Injured Worker Had A Verbal Threshold Policy

By on December 5, 2018 in Court Rulings with 0 Comments

One of the most significant cases to be decided by the Appellate Division with respect to subrogation rights was issued on December 4, 2018 in New Jersey Transit Corporation v. Sanchez, A-0761-17T3 (App. Div. December 4, 2018).  The case will have an impact on how employers deal with a very common scenario in New Jersey. […]

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The Amazing Rise of Medical Claim Petitions in New Jersey Workers’ Compensation

By on November 29, 2018 in Claims with 0 Comments

Just six years ago, former Governor Chris Christie signed into law a bill which vested exclusive jurisdiction within the Division of Workers’ Compensation over any disputed medical charge arising from any claim for compensation for a work-related injury or illness.  That was the beginning of what we now call “Medical Claim Petitions” or MCPs filed […]

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