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COM., DEPT. OF PUBLIC WELFARE v. TETRAULT

822 A.2d 862 (2003)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, Appellant, v. Craig TETRAULT.

Commonwealth Court of Pennsylvania.

Decided April 29, 2003.

Attorney(s) appearing for the Case

Kenneth J. Suter, Harrisburg, for appellant.

Lisa M. Benzie, Harrisburg, for appellee.

Before McGINLEY, J., SMITH-RIBNER, J., and JIULIANTE, Senior Judge.

OPINION BY Senior Judge JIULIANTE.

The Department of Public Welfare (Department), appeals from the September 10, 2002 order of the Court of Common Pleas of Centre County (trial court) that limited the Department's recovery of Medicaid (MA) expenses paid on behalf of Craig Tetrault (Tetrault) to 60% of the sums expended. We are asked to consider whether the trial court erred in reducing the Department's recovery by the percentage of negligence attributed to Tetrault...

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