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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

John H. Geaney | January 9, 2012 | 0 Comments

What does the phrase mean “to care for” someone with a serious health condition and can an 18-year-old person be

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

John H. Geaney | January 3, 2012 | 0 Comments

James Graf worked from 1982 to December 2002 refinishing wood floors.  He had a physical job.  He operated a 230-pound

Facebook – Ushering in a New Era of Discovery?

John H. Geaney | December 20, 2011 | 0 Comments

As the world in which we live continues to become more technologically advanced, it should come as no surprise that

Gross Negligence Is Insufficient For Plaintiff To Prove Intentional Harm Claim

John H. Geaney | December 15, 2011 | 0 Comments

Plaintiffs’ counsel continue to assault the citadel that is the exclusive remedy defense in the New Jersey Workers’ Compensation Act. 

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

John H. Geaney | December 5, 2011 | 0 Comments

The answer to this question, at least in New Jersey, is a resounding yes, if you have the right facts. 

Sixth Circuit Decision Bolsters Power Of Medicare Secondary Payer Law

John H. Geaney | November 27, 2011 | 0 Comments

It is long past obvious that the Medicare Secondary Payer Statute is here to stay.  But how well is the

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

John H. Geaney | November 18, 2011 | 0 Comments

The exclusive remedy provision is a powerful one in New Jersey.  It is the rare case where a plaintiff successfully

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

John H. Geaney | November 6, 2011 | 3 Comments

In New Jersey employment is favored heavily over independent contractor status.  Proof of this rule is Johantgen v. Brandywine Senior

Are Complications From Flu Shots Provided By Employers Considered Compensable?

John H. Geaney | November 2, 2011 | 0 Comments

Many employers offer flu shots and other inoculations to employees on company premises during work hours.  Complications from flu shots

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

John H. Geaney | October 27, 2011 | 0 Comments

After a year in 2011 in which workers’ compensation rates actually declined for the first time in decades, the new