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.

What Costs and Legal Fees Are Deducted From the Lien of the Employer or Carrier?

By on August 24, 2022 in Counsel Fees with 0 Comments

One recurring question which adjusters and practitioners are often asked is this:   in computing the workers’ compensation lien, does the employee get to reduce the employer’s lien by the amount the injured worker had to pay for costs and expenses in the third party action? Further, does the employee get to reduce the employer or […]

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Kids’ Chance of New Jersey Needs Your Help in Fundraising Raffle for Students

By on August 10, 2022 in Other with 0 Comments
Kids’ Chance of New Jersey Needs Your Help in Fundraising Raffle for Students

On behalf of Capehart Scatchard and Kids’ Chance of New Jersey, I want to thank all of you who have been supporting KCNJ over the past several years.  We deeply appreciate all your assistance in helping KCNJ accomplish its mission of providing college scholarships to children whose parents have been seriously injured or killed in […]

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Guidance on Recording Defense Medical Examinations and Having Non-parties Present

By on July 18, 2022 in Workers' Comp Basics with 0 Comments

One of the most nettlesome questions in New Jersey workers’ compensation is whether a non-party can attend an IME and whether a petitioner or a physician can record a medical examination without the other party’s consent and use it at trial.  It is important to observe that the New Jersey Workers’ Compensation Act provides very […]

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Appellate Division Reverses Judge of Compensation’s Decision That Employment Separation Agreement Constituted a Payment for a Disputed Workers’ Compensation Claim

By on July 15, 2022 in Court Rulings with 0 Comments

The case of Donald Servais v. Ocean Wholesale Nursery, LLC., A-2988-20, (App. Div. July 14, 2022) presents an unusual legal issue in workers’ compensation.  The case involved a dispute about an employment separation agreement and whether that agreement could have been construed to constitute a payment of workers’ compensation benefits, thereby tolling the statute of […]

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Appellate Division Endorses a Penalty Assessed by the Judge of Compensation for Late Payment of a Permanency Order but Not for Respondent’s Delays Prior to Date of Settlement

By on June 6, 2022 in Court Rulings with 0 Comments

There are few cases in the Division that discuss penalties for late payments of permanency awards, so the recently published Appellate Division decision in Ripp v. County of Hudson, No. A-2972-20 (App. Div. June 3, 2022) should be studied by workers’ compensation practitioners. The Ripp case was not about delayed temporary disability benefits, which are […]

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What Does The Rebuttable Presumption Mean In A COVID-19 Claim?

By on May 5, 2022 in Claims with 0 Comments

The concept of legal presumptions in workers’ compensation is not new in New Jersey.  The first presumption legislation in New Jersey was passed in 1964 concerning volunteer firefighters who contract respiratory disease in certain circumstances. The second presumption legislation was passed in 1988 in regarding to firefighters with cardiovascular or cerebrovascular injuries or death in […]

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Book Review Of “Workers’ Compensation Emerging Issues Analysis”

By on April 7, 2022 in Other with 0 Comments

For those readers who are interested in learning about current issues in workers’ compensation, I highly recommend the 2021 LexisNexis book entitled “Workers Compensation Emerging Issues Analysis.”  I was asked to review this book and found it to be chock full of cutting-edge articles written for attorneys, employers, physicians, adjusters, carriers and third party administrators. […]

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FCE Supported County’s Decision To Terminate Employee Following Workers’ Comp Injury

By on March 10, 2022 in Court Rulings with 0 Comments

Functional capacity examinations (FCEs) can be very useful in determining the ability of a worker to perform essential job functions by removing the guesswork and instead providing accurate data on an employee’s physical abilities. In The Matter of Thalia Tretsis Middlesex County, Sheriff’s Office, No. A-3682-19 (App. Div. February 15, 2022) provides some important guidance […]

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Superior Court Could Not Compel A Plaintiff Who Filed In Civil Court To Also File A Claim Petition In The Division of Workers’ Compensation

By on February 24, 2022 in Court Rulings with 0 Comments

The case of Brian Smith v. Township of South Hackensack, No. A-3258-20 (App. Div. February 18, 2022), addressed an unusual procedural question seldom, if ever, seen before.  The Appellate Division decision provides hardly any factual background at all other than this brief summary:  “Plaintiff, a volunteer firefighter, was struck by a South Hackensack fire truck […]

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Understanding The Deviation From Employment Defense

By on February 16, 2022 in Compensability with 0 Comments

Workers’ compensation practitioners have all heard of the defense of deviation from employment.  But where does the defense come from?  The New Jersey Workers’ Compensation Act has well over 100 sections to it, but nowhere will you find any reference to the defense of deviation from employment.  Yet the defense does exist.  We know that […]

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New Jersey Supreme Court Finds Parking Lot Accident Compensable

By on January 19, 2022 in Compensability, Court Rulings with 1 Comment

On January 18, 2022, the New Jersey Supreme Court concluded round three of Diane Lapsley v. Township of Sparta, a case that dates back to February 3, 2014.  On that date Mrs. Lapsley, a librarian for the Township, left work early when the Township closed the library due to a snowfall.  Her husband picked her […]

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Key New Jersey Legislation In 2022: Expansion Of Compensability Of Parking Lot Injuries And Resumption Of Public Health Emergency

By on January 13, 2022 in Legislation with 1 Comment

In the first few days of 2022, two major legislative developments have significantly impacted workers’ compensation law.  The legislation effectively repealing the Supreme Court decision in Hersh v. County of Morris, 217 N.J. 236 (2014) will have a long-term impact on workers’ compensation in New Jersey; the resumption of the public health emergency will likely […]

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New Jersey Workers’ Compensation Benefit Rates Are Skyrocketing

By on December 23, 2021 in Awards with 0 Comments

It is not widely known but the new 2022 workers’ compensation benefit rates are 10% higher than those in 2021! Yes, you read that correctly – 10% higher than in 2021.  That is the highest jump in benefit rates since the early 1980s. The annual percentage increase in maximum and minimum benefits from 1990 to […]

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Back Injury To School Nurse Found Not Compensable Where She Participated in Cardio Club Activity Before School

By on December 9, 2021 in Compensability with 0 Comments

On December 8, 2021, the New Jersey Appellate Division affirmed the dismissal of a claim for serious back injuries filed by Meghan Ryan-Wirth, a school nurse, against the Hoboken Board of Education and the Pooled Insurance Program Joint Insurance Fund. Petitioner, a school nurse, was injured participating in a morning Cardio Club activity with teachers […]

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Practical Advice In Defending COVID-19 Claim Petitions

By on November 16, 2021 in Workers' Comp Basics with 0 Comments

Many claim petitions have been filed in the Division of Workers’ Compensation seeking awards of permanent partial and total disability as well as dependency benefits arising from exposure to COVID-19.  The high number of COVID claim petitions reflects the fact that well over 1.2 million cases have been confirmed as COVID positive in New Jersey, […]

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