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.

Capehart Scatchard Volunteers Go To The Dogs!

By on October 10, 2011 in NJ Workers' Comp, Uncategorized with 7 Comments
Capehart Scatchard Volunteers Go To The Dogs!

Employees of Capehart Scatchard recently volunteered for and participated in the 4th Annual “Bark In the Park” dog walk and festival at the Rose Tree Park in Media, Pennsylvania on Saturday, October 8, 2011.  Proceeds from the event benefited the Delaware County S.P.C.A. which was able to exceed its fundraising goal in this one event.  Please […]

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Employer Properly Fired Employee For FMLA Abuse

By on October 4, 2011 in FMLA, NJ Workers' Comp with 0 Comments

Erik Tillman worked as a Communications Specialist for Ohio Bell Telephone.  His work required him to fill customer orders for phone and internet services and do maintenance work, including lifting up to 100 pounds and climbing ladders.  He was frequently required to work nights and weekends due to his low seniority within the union.  He […]

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No FMLA Violation Where Walgreens Fired Employee With Honest Belief That He Violated Company Policy

By on September 26, 2011 in FMLA, NJ Workers' Comp with 0 Comments

Michael Clark worked for Walgreens as the manager of its retail store in Dyersburg, Tennessee.  He took a medical leave of absence from December 8, 2006 to January 2, 2007  for a heart condition.  After his leave, Clark returned to the same position he held before his leave of absence.  Some time later Clark contacted […]

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Employee Is Not Excused From Call In Procedures Just Because Absences Are Covered Under FMLA

By on September 20, 2011 in FMLA, NJ Workers' Comp with 0 Comments

CenturyTel of Central Arkansas had a personnel policy which required employees to call in daily when absent.  This was contained in an employee handbook which all employees received.  Loretta Thompson worked for CenturyTel as a facility assigner in the Programming Department.  She acknowledged receiving the handbook which included the following policy: Unless otherwise directed by […]

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Employee Of Property Management Company Can Sue Affiliated Mobile Home Park Where He Worked

By on September 9, 2011 in NJ Workers' Comp, Uncategorized with 0 Comments

Edwin Conk applied to work for Friendly Village (FV), a mobile home park in Toms River, N.J.  FV is a limited liability company, the managing member of which is PCI Redhen Corporation (PCI).  PCI owns 100% of the stock of Advanced Horizons Enterprises, Inc., (AHE).   AHE managed FV’s financial affairs andFriendlyVillage.  Conk’s employment contract was […]

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Company Manager Did Not Violate ADA’s Confidentiality Provisions In Telling Prospective Employer About Former Employee’s Health Condition

By on September 1, 2011 in ADA, NJ Workers' Comp with 0 Comments

Sometimes the cases with the most simple fact patterns make the best ones to understand bright lines in the law.  The case of EEOC v. Thrivent Financial for Lutherans, 2011 U.S.Dist. LEXIS 64042 (D. Wisc. 2011) provides some clear guidance on what employers can and cannot say about the health of employees. In this case, […]

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Judge Of Compensation After Full Trial Finds Medical Provider Was Properly Compensated In Burn Claim

By on August 29, 2011 in NJ Workers' Comp, Uncategorized with 0 Comments

There are thousands of medical reimbursement claims filed by medical providers in the New Jersey Division of Workers’ Compensation.  A comprehensive decision following a lengthy trial was recently handed down by the Honorable Virginia Dietrich, Administrative Supervisory Judge of Compensation.  To this practitioner’s knowledge, this is the first fully tried decision in the Division involving […]

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Appellate Division Holds That Division Of Workers’ Compensation Has Jurisdiction To Decide Coverage Issue

By on August 23, 2011 in Key Defenses, NJ Workers' Comp with 0 Comments

Robert Tutelais a member of Earthworks Limited Liability Company and also one of its employees.  Earthworks is in the business of landscape construction.  In 2008 Earthworks through Tutela filed an application with Sentinel Insurance Company for workers’ compensation coverage.  Representations were made that Earthworks hired independent contractors to perform tree work and that all of […]

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Calling In “Sick” Is Not Enough To Invoke The FMLA

By on August 17, 2011 in FMLA, NJ Workers' Comp with 0 Comments

Employers are somewhat behind the eight ball in the FMLA because the employee need not specifically invoke the “FMLA” in order to obtain protection under the law.  Nor does the employee have to give detailed information about health; rather, the employer has to consider whether the FMLA applies based on what the employee says is […]

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Appellate Division Allows Medical Reimbursement Claim To Proceed In Civil Court While Comp Case Is Pending

Legal actions for reimbursement by medical providers have become very common in the New Jersey Division of Workers’ Compensation.  Now they are even more complex following the decision in The Valley Hospital v. LQ Management LLC, A-0831-10T1 (App. Div. August 8, 2011). The facts are straightforward.  An employee of LQ Management, LLC, was treated for […]

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Teacher Found Still In Employment When Injured After Picking Up Child At School Where Teacher Worked

Workers’ compensation issues often arise in the context of civil litigation.  That is what happened in the case of High v. Rose, A-2539-09T1 (App. Div. July 26, 2011).  Toni Lee High worked as a nurse at Montclair Kimberley Academy.  On the day of the accident High was supervising children entering school buses at the Academy […]

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Employee’s Failure to Respond To Request for More Information Regarding Leave Request Doomed FMLA Claim

By on July 25, 2011 in FMLA, NJ Workers' Comp with 1 Comment

Robert Righi worked as a sales rep for SMC Corporation of America.  On several occasions Righi would request vacation time to care for his mother.  He would email his manager, Louis  King, for prior approval.  The company policy was to require employees to obtain prior approval from a supervisor before taking leave. The policy further provided […]

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Federal Court Holds That Employee With Renal Cancer In Remission Is Covered Under The ADA

By on July 18, 2011 in ADA, NJ Workers' Comp with 0 Comments

Michael Norton worked for defendant ALC in May 2008.  The company operated 200 facilities in twenty states involving assisted living services to the elderly.  Plaintiff worked at the Sulphur Springs, Texas location as a “Residence Sales Manager.” Norton was diagnosed with renal cancer in April 2009.  He went on medical leave and underwent surgery on […]

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Disclosure By Employer Of Medical Information That Was Voluntarily Offered By Employee Does Not Violate ADA

By on July 11, 2011 in ADA, NJ Workers' Comp with 4 Comments

Many employers struggle with situations that develop when an employee voluntarily reveals certain confidential medical information.  In Watson v. C.R. England, Inc., 2011 U.S. App. LEXIS 8971, (10th Cir. 2011), the plaintiff worked as a truck driver for C.R. England.  In the course of his employment, he informed C.R. England’s Human Resources Director that he […]

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Appellate Division Holds Truck Driver Sleeping On Dana Transport Property Was An Employee And Cannot Sue Dana Transport In Civil Action

The independent contractor defense in New Jersey is not generally a strong defense, but it can be sometimes advantageous to employers to invoke it when they are sued civilly.  The case of Fugatt v. Dennison Graine and Dana Transport, Inc., A-5353-09T3 (App. Div. July 5, 2011) presents a fascinating situation where the injured worker did […]

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