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.
A Brief History of the New Jersey Workers’ Compensation Act
For those who do not like workers’ compensation, blame Otto Von Bismarck. Yes, the man known as the Iron Chancellor, who united all the kingdoms and states into one Germany, passed the first modern workers’ compensation law in 1874. Other western European nations soon followed, and between 1911 and 1920 every state in America adopted […]
Appellate Division Rules That Claimants in Certain Circumstances Do Not Have to Reimburse an Employer’s Lien From a Third Party Recovery Until the End of the Workers’ Compensation Case
The unreported case of New Jersey Transit Corp. v. Joseph, No. A-1194-22 (App. Div. March 19, 2024) has thrown a wrench into the common understanding of when to resolve third party liens in New Jersey. The facts that are supplied in the case are not detailed. Darshelle Joseph was injured on October 23, 2019, during […]
Private Sector EMTs and Paramedics Are Now Covered Under New Legislation Signed by New Jersey Governor Creating a High Rebuttable Presumption in Favor of Compensability of Strokes or Heart Attacks
The recent passage of A5909 has generated many questions from hospitals and private sector ambulance companies which provide EMT and paramedic services. The questions focus on the recently passed legislative overhaul of N.J.S.A. 34:15.7.3. That original 1988 law is entitled, “Cardiovascular or cerebrovascular injury or death of police, fire or emergency personnel in response to […]
Respondent Defeats Alleged Claim of Aggravation and Motion for Medical and Temporary Disability Benefits Seeking Payment for Five Spinal Surgeries
Cases involving aggravation of preexisting conditions are quite common in workers’ compensation and are often complex. Adequately addressing such claims requires obtaining the pre-accident medical treatment records and obtaining expert opinion on whether the work accident aggravated the prior condition. Donald Smith v. H & H Transportation, Inc., No. A-3568-21 (App. Div. December 20, 2023) […]
Appellate Division Holds Employee Who Worked and Attended School Is Eligible for Temporary Disability Benefits After Unemployment Benefits Terminated
There are not many cases involving eligibility for temporary disability benefits while attending school. The case of Soto v. Hoosier Care, Inc., No. A-0507-22 (App. Div. December 11, 2023) discusses this issue directly. The facts in the opinion are threadbare, and the reader will have many more questions than answers after reading this decision. The […]
Medical Provider Cannot Sue Workers’ Comp Carrier for Breach of Contract to Get Around New Jersey’s Exclusive Remedy for Medical Disputes
Medical claim petitions comprise an increasingly large percentage of New Jersey workers’ compensation claims with over 5,000 being filed in 2023 alone. One of the problem areas remains jurisdictional issues when a New York or Pennsylvania workers’ compensation case is referred to New Jersey just for a one-time medical procedure. The recent case of Hudson […]
Appellate Division Finds Accident in Pennsylvania Compensable As Petitioner Had Resumed Drive to Customer Location in New Jersey
Petitioner Mario Pozadas was injured on October 14, 2016. He was the owner of the respondent Capital Iron Associates, LLC., which specialized in fabricating and installing welding materials. Earlier in the day he was working on a home renovation project taking place in Hightstown, New Jersey. Mr. Pozadas drove a flatbed truck carrying several workers […]
Worker Who Became Unconscious While Working Could Not Prove Subsequent Physical Injuries Were Work Related
The recent decision in Sykes v. George Harms Construction Company, Inc., No. A-3320-20 (App. Div. September 28, 2023) addresses an unusual claim involving a worker who was found passed out on the job while operating an excavator. The petitioner filed a motion for medical and temporary disability benefits seeking an MRI of the neck, low […]
Governor Signs Bill Raising Fees of Evaluating Physicians for Claimants
On July 20, 2023 Governor Murphy approved an amendment to N.J.S.A. 34:15-64 raising the maximum amount that physicians may be paid for opinions regarding need for treatment or estimates of permanent disability. The maximum fee had been previously set at $600. Under the new amendment, the maximum fee is now $1,000. The goal of the […]
The “Silk City”
It is a city conceived and created by one of the most famous Americans in history. He is perhaps even more well known today than ever following the success of the eponymous Broadway show “Hamilton” created by Lin-Manuel Miranda. Yet it is a city that surprisingly few New Jersey residents know much about. The city […]
Should Employers Pay for Both Lawyers in the Workers’ Compensation Case?
When a workers’ compensation case settles in the New Jersey Division of Workers’ Compensation for a percentage of disability, the employer pays for its own lawyer and most of the fee of the injured worker’s lawyer. New Jersey may be the only state that has this practice. Judges generally assess 60% of the legal fee […]
Recording and Taping IMEs in New Jersey Workers’ Compensation
The rules for recording and taping IMEs in New Jersey became much clearer with the June 15, 2023, New Jersey Supreme Court ruling in DiFiore v. Pezic, (Nos. A-58/59/60-21) (087091). While the case involved three separate civil court defense exams, there is no reason that the principles set forth in this consolidated decision will not […]
Supreme Court Decision Provides Overview of NJ Insurance Fraud Prevention Act and the NJ Workers’ Compensation Fraud Act
Liberty Insurance v. Techdan, LLC, (A-52-21) (086219), decided on February 15, 2023, is a case that practitioners, employers, third party administrators and insurance carriers should be aware of. It is the only New Jersey Supreme Court case which provides a comprehensive analysis of the New Jersey Insurance Fraud Prevention Act (IFPA) and the New Jersey […]
Supreme Court Finds Non-Waivable Duty on the Part of Insurance Brokers to Provide Notice of Available Coverage for LLC Members
When coverage is denied under a workers’ compensation policy for an LLC, one can be almost certain that a finger will be pointed, rightly or wrongly, at the insurance broker. The more severe the injury, the more likely the potential for a civil suit. This was the situation in Holm v. Purdy, New Jersey Supreme […]
Appellate Division Reverses Award of 20% Counsel Fee on Order for Medical and Temporary Disability Benefits and Permanency Benefits
There are only a few appellate level cases dealing with counsel fees in the New Jersey Division of Workers’ Compensation. In Garzon v. Morris County Golf Club, A-1100-21 (App. Div. December 23, 2022), the Appellate Division embraced an approach that petitioner’s attorney’s counsel fee should be based on considerations of reasonableness and not automatically set […]
Connect with Capehart Scatchard