Superior Court Enforces A Workers Compensation Disclaimer Release Against A Third Party
Posted On Behalf of Schmidt Kramer Injury Lawyers on May 14, 2012 in General
Attached is the link to the Superior Court decision from December 16, 2009 in
Bowman v. Sunoco, Inc. where the Superior Court enforces the signing of a workers compensation disclaimer to act as a release of a non-employer third party. At the time of her accepting employment, the Plaintiff Bowman signed a disclaimer with her employer which waived her future rights to file any and all claims against clients of her employer. This would include claims for third party negligence. She was injured at the premises of a client and filed a suit. The third party sought to enforce the release. Bowman argued that the release of the third party is contrary to public policy.
The Superior Court holds that the release is not contrary to public policy because it does not eliminate the employee’s right to workers compensation benefits. Also, the employer is allowed to abrogate any subrogation rights it has, which technically it is doing by the employee not being allowed to pursue a claim. Thus, the claim against the third party is dismissed. http://www.pacourts.us/OpPosting/Superior/out/a15041_09.pdf Scott B. Cooper scooper@Schmidt Kramer.com 717-232-6300