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.

Once Per Week Hairstylist Found To Be Employee And Not Independent Contractor At Senior Facility

By on November 6, 2011 in Key Defenses with 3 Comments

In New Jersey employment is favored heavily over independent contractor status.  Proof of this rule is Johantgen v. Brandywine Senior Care Center, A-4883-09T1 (App. Div. October 31, 2011). Diane Johantgen provided hairstyling and grooming services once per week to residents of a long-term nursing home.  She fell from a chair and fractured her wrist while […]

Continue Reading »

Are Complications From Flu Shots Provided By Employers Considered Compensable?

By on November 2, 2011 in Compensability with 0 Comments

Many employers offer flu shots and other inoculations to employees on company premises during work hours.  Complications from flu shots are very rare but the Centers for Disease Control have noted that about one in 100,000 people who get a flu shot will develop Guillain-Barre syndrome, which is a debilitating nerve disorder.  There are also […]

Continue Reading »

Workers’ Comp Rates Are On The Rise Again In New Jersey

By on October 27, 2011 in Counsel Fees with 0 Comments

After a year in 2011 in which workers’ compensation rates actually declined for the first time in decades, the new rates in 2012 have renewed the steady ascent which commenced in 1980. The Workers’ Compensation rates effective January 1, 2012 are: Maximum for temporary disability and permanent total  — $810.00 per week up from $792.00 Minimum for temporary […]

Continue Reading »

Owner Of Restaurant Who Left Home Earlier Than Usual For Meeting Was Not Covered In Accident On Way To Work

By on October 25, 2011 in Compensability with 0 Comments

Since the legislative change in 1979 to substitute a premises rule for the going-and-coming rule, there have been many attempts to expand the “special mission” exception.  The general rule is that only injuries on employer-owned or maintained premises are covered.  One big exception involves injuries that emanate from the performance of special missions.  That latest […]

Continue Reading »

Employer Did Not Owe Temp Benefits To Employee Fired For Violation Of Company Drug Policy

By on October 19, 2011 in Compensability with 0 Comments

John Gioia worked for Herr Foods as a delivery person.  He injured his right ankle stepping from his delivery truck on November 23, 2007.   He began authorized treatment right away and underwent an MRI one month later which revealed an avulsion fracture and sprain of the deltoid ligaments. The accident occurred on the Friday after […]

Continue Reading »

Part-Time Worker Receives Total Disability Award And Reconstructed Wage

By on October 11, 2011 in Uncategorized with 1 Comment

Rommel Calle worked part-time for DaJana Industries from November 2004 to March 2005.  During the other months of the year he did work as a laborer for several other employers.  On March 8, 2005 Calle injured his back when he fell while pulling a hand truck loaded with 50 bags, each bag weighing about 50 […]

Continue Reading »

Capehart Scatchard Volunteers Go To The Dogs!

By on October 10, 2011 in Uncategorized with 7 Comments
Capehart Scatchard Volunteers Go To The Dogs!

Employees of Capehart Scatchard recently volunteered for and participated in the 4th Annual “Bark In the Park” dog walk and festival at the Rose Tree Park in Media, Pennsylvania on Saturday, October 8, 2011.  Proceeds from the event benefited the Delaware County S.P.C.A. which was able to exceed its fundraising goal in this one event.  Please […]

Continue Reading »

Employer Properly Fired Employee For FMLA Abuse

By on October 4, 2011 in FMLA with 0 Comments

Erik Tillman worked as a Communications Specialist for Ohio Bell Telephone.  His work required him to fill customer orders for phone and internet services and do maintenance work, including lifting up to 100 pounds and climbing ladders.  He was frequently required to work nights and weekends due to his low seniority within the union.  He […]

Continue Reading »

No FMLA Violation Where Walgreens Fired Employee With Honest Belief That He Violated Company Policy

By on September 26, 2011 in FMLA with 0 Comments

Michael Clark worked for Walgreens as the manager of its retail store in Dyersburg, Tennessee.  He took a medical leave of absence from December 8, 2006 to January 2, 2007  for a heart condition.  After his leave, Clark returned to the same position he held before his leave of absence.  Some time later Clark contacted […]

Continue Reading »

Employee Is Not Excused From Call In Procedures Just Because Absences Are Covered Under FMLA

By on September 20, 2011 in FMLA with 0 Comments

CenturyTel of Central Arkansas had a personnel policy which required employees to call in daily when absent.  This was contained in an employee handbook which all employees received.  Loretta Thompson worked for CenturyTel as a facility assigner in the Programming Department.  She acknowledged receiving the handbook which included the following policy: Unless otherwise directed by […]

Continue Reading »

Employee Of Property Management Company Can Sue Affiliated Mobile Home Park Where He Worked

By on September 9, 2011 in Uncategorized with 0 Comments

Edwin Conk applied to work for Friendly Village (FV), a mobile home park in Toms River, N.J.  FV is a limited liability company, the managing member of which is PCI Redhen Corporation (PCI).  PCI owns 100% of the stock of Advanced Horizons Enterprises, Inc., (AHE).   AHE managed FV’s financial affairs andFriendlyVillage.  Conk’s employment contract was […]

Continue Reading »

Company Manager Did Not Violate ADA’s Confidentiality Provisions In Telling Prospective Employer About Former Employee’s Health Condition

By on September 1, 2011 in ADA with 0 Comments

Sometimes the cases with the most simple fact patterns make the best ones to understand bright lines in the law.  The case of EEOC v. Thrivent Financial for Lutherans, 2011 U.S.Dist. LEXIS 64042 (D. Wisc. 2011) provides some clear guidance on what employers can and cannot say about the health of employees. In this case, […]

Continue Reading »

Judge Of Compensation After Full Trial Finds Medical Provider Was Properly Compensated In Burn Claim

By on August 29, 2011 in Uncategorized with 0 Comments

There are thousands of medical reimbursement claims filed by medical providers in the New Jersey Division of Workers’ Compensation.  A comprehensive decision following a lengthy trial was recently handed down by the Honorable Virginia Dietrich, Administrative Supervisory Judge of Compensation.  To this practitioner’s knowledge, this is the first fully tried decision in the Division involving […]

Continue Reading »

Appellate Division Holds That Division Of Workers’ Compensation Has Jurisdiction To Decide Coverage Issue

By on August 23, 2011 in Key Defenses with 0 Comments

Robert Tutelais a member of Earthworks Limited Liability Company and also one of its employees.  Earthworks is in the business of landscape construction.  In 2008 Earthworks through Tutela filed an application with Sentinel Insurance Company for workers’ compensation coverage.  Representations were made that Earthworks hired independent contractors to perform tree work and that all of […]

Continue Reading »

Calling In “Sick” Is Not Enough To Invoke The FMLA

By on August 17, 2011 in FMLA with 0 Comments

Employers are somewhat behind the eight ball in the FMLA because the employee need not specifically invoke the “FMLA” in order to obtain protection under the law.  Nor does the employee have to give detailed information about health; rather, the employer has to consider whether the FMLA applies based on what the employee says is […]

Continue Reading »