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GRAYAM v. DEPT. OF HEALTH & HUMAN RESOURCES

Nos. 24036, 24129.

498 S.E.2d 12 (1997)

201 W.Va. 444

Amanda GRAYAM, Appellee v. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, a public agency of the State of West Virginia, Appellant. NATIONWIDE MUTUAL INSURANCE COMPANY, Appellee, v. James F. HATFIELD, et al., Appellees, West Virginia Department of Health and Human Resources, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 21, 1997.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General Stephen J. Small, Senior Assistant Attorney General, Barry L. Koerber, Assistant Attorney General, Charleston, for Department of Health and Human Resources, No. 24036.

Scott S. Segal, Mark R. Staun, Lori A. Simpson, Charleston, for Amanda Grayam.

H.F. Salsbery, Madonna C. Estep, Salsbery & Druckman, Charleston, for James F. Hatfield.

Darrell V. McGraw, Jr., Attorney General, Stephen J. Small, Senior Assistant Attorney General, Harold Chambers, Assistant Attorney General, Charleston, for West Virginia Department of Health and Human Resources, No. 24129.

WORKMAN, Chief Justice:

This Court consolidated these two appeals because they involve a common issue regarding the legal effect of statutory amendments made to West Virginia Code § 9-5-11. Appellant in both cases, the Department of Health and Human Resources ("Appellant"), argues that the 1993 and 1995 amendments to West Virginia Code § 9-5-11 alter the traditional meaning of the term "subrogation," as was applied by this Court in Kittle v. Icard,

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