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Geaney’s 2015 Workers’ Comp Manual Highlights

By on November 21, 2014 in NJ Workers' Comp, Uncategorized with 0 Comments

The 2015 Manual is a compilation of prior editions with particular emphasis on cases decided in 2013-2014 as well as the addition of important chapters for practitioners of workers’ compensation. Several Supreme Court decisions and numerous appellate division decisions are analyzed in this edition.

Some of the 2015 Edition highlights are as follows:

  • New chapter entitled “Complex Issues In Temporary Disability Benefits”
  • New chapter entitled “Issues Arising From Home Injuries and Telecommuting”
  • New section analyzing complex issues under Section 40 including Dever and Greene
  • Expanded analysis of retaliation claims and the McDonnell Douglas standard
  • Expanded analysis of fraud claims including Bellino v. Verizon Wireless
  • Expanded analysis of independent contractor issues
  • Expanded analysis of occupational Lyme disease cases
  • Expanded analysis of the “Smart Act” as part of the MSP law
  • Expanded analysis of evidence in workers’ compensation
  • Analysis of 65 new cases with 52 pages of additional text

Some of the 65 new cases that are analyzed in the 2015 Manual include:

  • Hersh v. County of Morris (Supreme Court analysis of parking lot cases)
  • Renner v. AT&T (Supreme Court analysis of stroke claim at home)
  • Greene v. AIG (Section 40 lien rights in denied claim)
  • Dever v. NJM (applicability of liens against UM and UIM carriers)
  • Bellino v. Verizon Wireless (definition of purposeful intent under fraud statute)
  • Liu v. Bally’s Casino (entitlement to temporary disability benefits post-termination)
  • Durnien v. UPS (exceptions to Second Injury Fund entitlement)
  • Patterson v. Atlantic Club (arising out of work standard)
  • Ascione v. US Airways (occupational pulmonary claims)
  • Estate of Kotsovka v. Liebman (independent contractor status)
  • Graham v. Port Authority (PTSD claims and sufficient expert testimony)
  • Parascandolo v. Department of Labor (TDB liens and workers’ comp)
  • Farnath v. 34th Street Market (coverage for limited liability corporations)
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About the Author

About the Author:

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.

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