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.
Understanding Causation and Liability in Relation to Section 20 Settlements
New Jersey workers’ compensation has two kinds of settlements: those under Section 20, a full and final settlement, and those under Section 22, an accepted percentage of disability settlement with reopener rights retained by the petitioner. Section 20 settlements are popular with employers and carriers because they do not involve an admission of liability, and […]
Advantages of Telemedicine in Workers’ Compensation
Does telemedicine have a place in workers’ compensation? This practitioner was undecided on this question until a week ago when participating in a conference devoted to the benefits of using telemedicine in workers’ compensation. The presentation was offered by Concentra, and it made a strong case for telemedicine as a useful adjunct to workers’ compensation […]
Workers’ Compensation Injury Leads to Indefinite Suspension On Account Of Refusal Of Injured Worker To Submit to Medical Marijuana Drug Testing
Daniel Cotto worked as a forklift operator at Ardagh Glass in Bridgeton, N.J. On November 1, 2016, Cotto hit his head on the roof of a forklift at work. He was advised to see Premier Orthopedics in Vineland, N.J. for a medical examination, and a Premier Orthopedics doctor placed Cotto on light duty work with […]
Full Salary Provisions Under New Jersey Workers’ Compensation
Employees who are out of work due to work injuries or illnesses are eligible for temporary disability benefits at a rate of 70% of wages subject to an annual maximum. In 2018 that maximum is $903 per week. That means that the employee who earns $2,000 per week or even $20,000 per week is limited […]
The Two Minimum Rates in New Jersey Workers’ Compensation
Everyone knows that New Jersey has a minimum rate for temporary disability benefits, but it is not as widely understood that New Jersey also has a minimum rate for permanency. In 2018 the minimum rate for temporary disability benefits is $241 per week. But the minimum rate for permanency remains $35 per week, as it […]
Legislative Changes to New Jersey Workers’ Compensation
On August 24, 2018, Governor Murphy signed a bill that for all practical purposes ends the right of employers to make bona fide offers of permanent partial disability free of counsel fees. The statute that enabled employers to make bona fide offers within 26 weeks of maximal medical improvement, or return to work, whichever is […]
Understanding The Idiopathic Defense
We hear the term “idiopathic claim” quite frequently in workers’ compensation, but what does it really mean? To begin with, “idiopathic” is a combination of two Greek words: “idio” relating to “one’s own” and “pathic” suggesting suffering or disease. It has come to mean any disease or condition of unknown cause. Lawyers and practitioners have […]
Appellate Court Rejects Trucker’s Injury While Dressing After Showering During Trip From California to New Jersey
Samuel Kamenette drove over-the-road trucks for Sangillo & Sons. He was injured on October 9, 2015 in the State of Wyoming. He was driving a load from California to New Jersey. He slept the night before in his truck, and in the morning he drove for an hour to a Flying J, part of a […]
Liability Carrier’s Exclusion of Coverage for Workers’ Compensation Injuries Applies to Section 79 General Contractor Determinations of Employment
New Jersey has a sensible provision that protects employees of subcontractors who are injured on construction jobs. If an employee of a subcontractor is injured on a job, and the subcontractor has no workers’ compensation insurance, the injured employee becomes covered by the general contractor’s workers’ compensation policy. But what if the injured employee instead […]
Appellate Division Rules Accident in Access Driveway of Employer after Lunch Was Compensable
George Washington, an employee of Runnells Center for Rehabilitation and Healthcare, left work on March 5, 2015 and drove his car to pick up lunch at a nearby restaurant. Returning from lunch, his car struck a guardrail on a snow-covered access driveway owned by Runnells. He completed an accident report at the scene, exited his […]
Discovery Rule Keeps Alive Plaintiff’s Medical Malpractice Case and Respondent’s Lien Rights
Lynda Ferrari was injured at work falling down steps in April 2006. She sought treatment for her right knee and lower back. Dr. Joan O’Shea performed authorized surgery to address Ferrari’s right-sided herniated discs at L4-5 and L5-S1. Ferrari experienced increased pain following surgery. She saw multiple physicians after the surgery, seeking relief for her […]
Appellate Division Bars Civil Claim by DPW Worker Who Planned to Leave Work Early But Was In A Car Accident on the Way Back to DPW Office To Fill Out Paperwork for Supervisor to Sign
Victor Campos worked for the Department of Public Works for the City of Passaic. On December 23, 2013, he was performing maintenance work at City Hall when he began to feel ill. He made the decision to go home early, but first he had to notify his employer that he was finished for the day […]
Widow Loses Dependency Claim Based on Failure to Prove That Her Husband Was Exposed to Asbestos
Dennis Lomet worked for Lawes Coal Company from 1987 to 2012 when he died of lung cancer at the age of 47. He installed, removed, or repaired heating and air conditioning equipment. He never smoked cigarettes. Before he died, he told one of his treating physicians that he thought he had been exposed to chemicals, […]
Appellate Division Reverses Substantial Award to Custodian Who Contended Five Years of Custodial Work Caused a Need for Bilateral Knee Replacements
Patrick Malone began working for the Pennsauken Board of Education in 2007 as a custodian. He said he would sweep floors, take out the trash, clean the blackboards and desktops, remove gum and shoe marks from floors, sometimes climb ladders, and clean toilets, floors and walls. He also said in the summer he would remove […]
Employer Has Lien Rights on High/Low Agreement In Medical Malpractice Case Arising From Workers’ Compensation Claim
In Marano v. Clifford J. Schob, M.D., A-33915-16T2 (App. Div. June 20, 2018), the Appellate Division held that New Jersey’s lien provision does apply to funds that an injured worker received in a medical malpractice suit pursuant to the terms of a “high/low” agreement. The case affirmed a prior ruling in Pool v. Morristown Memorial […]
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