Appellate Court Issues Ruling in Workers Compensation/ Liability Case

Date: December 18, 2009

The Pennsylvania Superior Court has ruled that an employee who signed a Workers\’ Compensation Disclaimer at the time of commencing employment effectively waived her right to file claims against clients of her employer for damages otherwise covered under the Workers’ Compensation Act. In this case, Bowman v. Sunoco, Inc., the employee, Ms. Bowman filed a negligence claim for injuries she sustained on Sunoco property. At the time of the injury Ms. Bowman was employed as a private security guard with Allied Barton Security Services. Bowman contended that the Disclaimer she signed was contrary to public policy and, therefore, unenforceable. The Court disagreed and ruled that the release was not violative of public policy since it did not eliminate Bowman\’s right to file a claim for workers\’ compensation benefits.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.