Wendler v. Design Decorators

Plaintiff's wrongful death action was barred by the exclusivity provision of the Pennsylvania Workers' Compensation Act ("PWCA"), which has been held not to be unconstitutional; there is no exception to the exclusivity provision for death caused by an employer's reckless/willful disregard of OSHA standards.

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� 1 This is an appeal from the order entered in the Court of Common Pleas of Philadelphia County granting summary judgment in favor of Design Decorators, Inc., and Salvatore Bonafino (collectively Appellees) and specifically dismissing all claims and cross-claims with prejudice. On appeal, Veronica C. Wendler, administratrix of the estate of William Bauer, alleges that summary judgment was improperly granted since (1) the Pennsylvania Workers’ Compensation Act (PWCA) violates the Privilege and Immunities Clause, (2) the PWCA violates the Due Process and Equal Protection Clause, and (3) Appellees recklessly/willfully disregarded federal workplace safety standards, thereby creating an exception to the exclusivity provision of the PWCA. We affirm.

� 2 Our scope of review is plenary when reviewing the propriety of a lower court’s entry of summary judgment. Schriver v. Mazziotti, 638 A.2d 224 (Pa.Super. 1994). Pursuant to Pennsylvania Rule of Civil Procedure 1035.2, summary judgment shall be rendered whenever (1) there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law, or (2) the adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action. We must examine the entire record in the light most favorable to the non-moving party and resolve all doubts against the moving party when determining if there is a genuine issue of material fact. Schriver, supra.

� 3 The parties agree that there is no genuine issue of material fact and that the pertinent facts are as follows: In October, 1995, William Bauer, a single twenty-two-year-old male, took a seasonal job with Appellee Design Decorators, Inc. (Design Decorators), hanging holiday decorations. On November 25, 1995, at approximately 8:00 p.m., Mr. Bauer was hanging decorations with the aid of another employee, Joseph Igielski, via a lift truck. Mr. Bauer stood in the aerial bucket while Mr. Igielski drove the lift truck. At some point, Mr. Igielski attempted to drive the truck, with the lift bucket raised, under a railroad bridge. Mr. Bauer, who was standing in the bucket facing forward, struck the bridge with his body before the lift bucket hit the bridge. Mr. Bauer snapped backwards, thereby breaking his back, and the lift bucket tilted backwards, resulting in the trapping of Mr. Bauer’s legs. Mr. Bauer then fell approximately thirteen feet to his death.

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