A Capehart Scatchard Blog

John H. Geaney

John H. Geaney, Esq. is a Shareholder and Co-Chair of Capehart Scatchard's Workers' Compensation Group. Mr. Geaney 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 also distributed by NJICLE. If you are interested in purchasing “Geaney’s New Jersey Workers’ Compensation Manual for Practitioners, Adjusters & Employers,” 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. He is one of two firm representatives to the National Workers’ Compensation Defense Network.

A graduate of Holy Cross College summa cum laude, Mr. Geaney obtained his law degree from Boston College Law School.

Mr. Geaney was selected to the “New Jersey Super Lawyer” list (2005-2017, 2021 in the area of Workers’ Compensation). Only 5% of attorneys are selected to “Super Lawyers” through a peer nominated process based on independent research and peer evaluation. The Super Lawyers list is issued by Thomson Reuters. For a description of the “Super Lawyers” selection methodology, please visit https://www.superlawyers.com/about/selection_process.html

For the years 2022-2024 Mr. Geaney was selected for inclusion in The Best Lawyers in America® list in the practice area of Workers’ Compensation Law - Employers. The attorneys on this list are selected based upon the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. A complete description of The Best Lawyers in America® methodology can be viewed via their website at https://www.bestlawyers.com/methodology.

*No aspect of this advertisement has been submitted to or approved by the Supreme Court of New Jersey.

Capehart Scatchard is a full service law firm with offices in Mt. Laurel and Hamilton, 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.

The Crucial Importance of Examining Treating Medical Records and Employee Accident Forms

Many workers’ compensation cases involve unwitnessed orthopedic injuries.  Consider a case where an employee alleges that he or she felt sharp back pain around 11 a.m. in aisle 4 of the store while stocking shelves.  Suppose there is no security video.  Suppose further the employer provides treatment under Section 15 without admitting liability but still […]

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Appellate Division Holds That Public Employee Injured In Shared Parking Lot With Employees And The Public Is Not Covered For Workers’ Compensation Purposes And Can Sue Her Employer

By on March 26, 2021 in Claims, NJ Workers' Comp with 2 Comments

When an employee is injured on the employer’s premises, including a parking lot owned and controlled by the employer, it is fundamental that such a claim is work related.  If this injury is caused by the actions of another employee, it is also fundamental that the two employees cannot sue each other or their employer […]

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Appellate Court Rejects Compensability Of Assistant Prosecutor’s Fall En Route To Coffee Shop

What if two lawyers leave their separate offices to meet at a coffee shop to discuss a case?  Is the commute to the coffee shop compensable for either or both of them?  The answer was no in the context of the facts in Pilone v. County of Middlesex, A-1676-19, (App. Div. March 15, 2021). Lynn […]

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Appellate Court Rules That There Is No Section 40 Lien Deduction For Petitioner’s Share Of Counsel Fees Paid In Workers’ Compensation

We all know certain events are going to happen every year:  Alabama is going to play for the national football championship, your property taxes will certainly rise, Tom Brady will be in the Super Bowl, and most likely of all – someone is going to challenge the way Section 40 liens are calculated in New […]

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New Jersey Supreme Court Rules That Employee Volunteer at Family Fun Day Event Was Performing Work Duties And Was Not Engaged In A Social Or Recreational Activity

By on February 16, 2021 in Court Rulings, NJ Workers' Comp with 0 Comments

In 1979 the New Jersey legislature adopted a change to N.J.S.A. 34:15-7 to add that recreational and social activities are not compensable unless the injured worker could prove that the activity promoted a benefit to the employer beyond improvement of health and morale.  Prior Supreme Court cases have already made clear that if an employer […]

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New Jersey Assembly Committee Votes To Approve Hiring Preference Bill As Part of New Jersey Workers’ Compensation Act

By on January 29, 2021 in Legislation, NJ Workers' Comp with 0 Comments

Employers need to be aware of an Assembly bill that would turn the workers’ compensation statute into an employment protection law.  The Assembly Labor Committee recently passed A-2617 sponsored by Assembly members Murphy, Benson, and Reynolds-Jackson.  The bill will require an employer with at least 50 employees to provide a hiring preference to an injured […]

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Appellate Division Affirms Dismissal of Occupational Tinnitus Claim

By on January 15, 2021 in Claims, NJ Workers' Comp with 0 Comments

There are not many Appellate Division decisions on occupational hearing loss and tinnitus, which is why the decision is of interest in Donzella v. SG Performance Plastics Corp., A-2408-19T3 (App. Div. January 12, 2021).  The case involved an employee of SG Performance who worked at its manufacturing warehouse in August 2015.  He and 30 other […]

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Adverse Reactions to Vaccinations: Current Issues in Workers’ Compensation

By on December 28, 2020 in NJ Workers' Comp, Other with 2 Comments

As the Moderna and Pfizer COVID-19 vaccines begin to be administered to the population in the United States, many clients have asked whether an adverse reaction to the COVID-19 vaccine would be considered compensable if the employer were to offer a voluntary vaccination program at some time in the future.  Many employers currently offer such […]

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Appellate Division Holds Insurance Carrier Failed to Prove Proper Cancellation of Policy

By on December 10, 2020 in NJ Workers' Comp, Other with 0 Comments

It remains very difficult for New Jersey insurers to cancel policies in workers’ compensation.  Strict compliance with N.J.S.A. 34:15-81 is required because the state’s policy favors continuation of insurance coverage. The decision in Pierson v. Travelers Indemnity Company, A-3838-19T2 (App. Div. December 7, 2020) illustrates the specific problem of cancellation related to non-payment of an […]

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The Crucial Difference Between Impairment And Disability In Workers’ Compensation

Understanding the difference between “impairment” and “disability” is important in properly reserving files and in defending workers’ compensation cases. Many people use the terms synonymously, but there is an important legal distinction. An impairment refers to a problem with the structure or organ of the body. Disability focuses on the functional limitations that are caused by the […]

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Governor Murphy Signs Legislation Clarifying Effective Date of Hand And Foot Bill

By on November 13, 2020 in Legislation, NJ Workers' Comp with 0 Comments

Earlier this year the new hand and foot bill became effective on January 21, 2020.  This bill marked a significant change in the New Jersey Workers’ Compensation Act.  The language was unambiguous in augmenting the number of weeks for injuries of the hand, foot and fingers.  However, the language was less than clear concerning its […]

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Proposed Bill to Require Carriers to Pay for Costs of Medical Marijuana Passes Committee While the New Jersey Supreme Court is Scheduled to Hear Oral Arguments on the Issue

By on October 30, 2020 in Legislation, NJ Workers' Comp with 0 Comments

The New Jersey Assembly Appropriations Committee passed A1708 on October 26, 2020, setting the stage for an eventual full Assembly vote on an important piece of legislation concerning the obligation of workers’ compensation carriers and automobile insurers to pay for costs of medical marijuana.  Strangely enough, this Bill is being advanced at the same time […]

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Appellate Division Rules Against Medical Providers In Jurisdictional Dispute Where Almost All Contacts Were In Pennsylvania And New York

By on October 7, 2020 in Court Rulings, NJ Workers' Comp with 1 Comment

An important decision came down today on an issue that concerns practitioners, employers, carriers and third party administrators.  The decision is the first appellate level opinion on a long-running dispute over jurisdiction in certain MCP cases filed by medical providers in New Jersey. The decision is likely to affect hundreds of pending cases with similar […]

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Judge of Compensation Can Order Petitioner to Reimburse An Employer Following Reversal of An Award by the Appellate Division

By on October 1, 2020 in Awards, NJ Workers' Comp with 0 Comments

What happens when an order is entered against an employer to pay a workers’ compensation award and then respondent appeals the decision? Does respondent have to pay benefits pending appeal?  If it does have to pay benefits during the appeal period, what happens if the Appellate Division reverses the award?  Can respondent get a court […]

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The Essential Workers Legislation In New Jersey: What It Means and What It Does Not Mean

By on September 16, 2020 in Legislation, NJ Workers' Comp with 0 Comments

On Monday, September 14, 2020, New Jersey Governor Phil Murphy signed S2380 dealing with COVID-19 and essential workers in respect to workers’ compensation benefits.  The bill was signed on the very last day before the bill would have automatically become law.  It is important to consider what this bill does and what it does not […]

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