Pennsylvania May 2 2013 A security guard hurt during a job assignment cannot sue her employer's client for negligence since she signed a workers compensation disclaimer waiving her right to do so, a divided Pennsylvania Supreme Court has ruled.
In Sabrina Bowman v. Sunoco Inc., Ms. Bowman suffered an injury in January 2005 when she fell on ice or snow while working as a security guard for Allied Barton Security Services L.L.C. The security company had assigned her to provide security at a Sunoco refinery in Philadelphia, court records show.
She received workers comp benefits related to the fall through Allied Barton, but Ms. Bowman still filed a negligence claim against Sunoco, alleging its failure to maintain safe conditions caused her injury.
When Allied Barton hired Ms. Bowman in 2004, however, she signed a disclaimer waiving her right to file a claim against any Allied Barton customer.
The Court of Common Pleas of Philadelphia County granted Sunoco's motion to dismiss Ms. Bowman's negligence claim and a Pennsylvania Superior Court affirmed the decision in 2009. The courts found that the disclaimer did not violate public policy because Ms. Bowman waived only her right to sue a third party and she was not deprived of her right to workers compensation benefits.
In a 4-1 ruling Thursday, Pennsylvania's high court agreed. It found that Ms. Bowman was not forced to sign the release and chose to bargain away her rights to sue a third party.
However, Pennsylvania Supreme Court Justice Max Baer disagreed. In his dissent, he argued that Pennsylvania workers compensation law prohibits agreements such as the disclaimer Ms. Bowman signed.
In Sabrina Bowman v. Sunoco Inc., Ms. Bowman suffered an injury in January 2005 when she fell on ice or snow while working as a security guard for Allied Barton Security Services L.L.C. The security company had assigned her to provide security at a Sunoco refinery in Philadelphia, court records show.
She received workers comp benefits related to the fall through Allied Barton, but Ms. Bowman still filed a negligence claim against Sunoco, alleging its failure to maintain safe conditions caused her injury.
When Allied Barton hired Ms. Bowman in 2004, however, she signed a disclaimer waiving her right to file a claim against any Allied Barton customer.
The Court of Common Pleas of Philadelphia County granted Sunoco's motion to dismiss Ms. Bowman's negligence claim and a Pennsylvania Superior Court affirmed the decision in 2009. The courts found that the disclaimer did not violate public policy because Ms. Bowman waived only her right to sue a third party and she was not deprived of her right to workers compensation benefits.
In a 4-1 ruling Thursday, Pennsylvania's high court agreed. It found that Ms. Bowman was not forced to sign the release and chose to bargain away her rights to sue a third party.
However, Pennsylvania Supreme Court Justice Max Baer disagreed. In his dissent, he argued that Pennsylvania workers compensation law prohibits agreements such as the disclaimer Ms. Bowman signed.