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Pennsylvania Employee Law Blawg > Posts > Superior Court upholds employee release of claims versus customer tortfeasors
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12/31/2009In a decision filed December 16, the Superior Court upheld a motion for judgment on the pleadings by defendant Sunoco, Inc., in Bowman v. Sunoco, Inc., 2009 Pa. Super. 242 (2009), available here. Plaintiff, an employee of a security service firm, alleged that she injured herself slipping on ice on Sunoco property. When plaintiff took employment with the security firm, she had signed a waiver acknowledging the workers' compensation coverage of any injury suffered on the job and expressly waiving claims against customers of the security firm for any injuries covered by workers' compensation. Plaintiff had urged that the Superior Court rule that the waiver was void for being contrary to public policy. The Court following cases in Massachusetts, Arkansas, and Connecticut held that third party releases did not impede the purposes of the Workers' Compensation Act. |
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