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GILLETTE v. WURST

869 A.2d 488 (2005)

Debbie GILLETTE, Individually and as Administratrix of the Estate of John Gillette, Deceased v. Catherine WURST, as Parent and Guardian of Andrew Wurst, a Minor, Jerome J. Wurst and Catherine Wurst, and J.J. Wurst Landscape Contractor, Inc., Jacob Tury, a Minor, by and through his Parents and Legal Guardians, Joe Tury and Noreen Tury, and Joe Tury and Noreen Tury, Individually v. Jerome Wurst and Catherine Wurst v. Utica National Insurance Group and General McLane School District, Appellants

Superior Court of Pennsylvania.

Filed January 24, 2005.

Reargument Denied March 31, 2005.

Attorney(s) appearing for the Case

John McCandless, Erie, for appellants.

Charles V. Longo, Cleveland, OH, for Gillette, appellees.

Douglas J. Stipanovich, Pittsburgh, for Wurst, C. and J.J. Wurst Landscape, appellees.

BEFORE: FORD ELLIOTT, PANELLA, and JOHNSON, JJ.

OPINION BY JOHNSON, J.:

¶ 1 In this appeal, we consider whether the recipient of settlement proceeds under Pennsylvania's Wrongful Death Act may disclaim her intestate share of those proceeds when her disclaimer effectively prevents satisfaction of a subrogation lien by an insurance carrier. Intervenors Utica National Insurance Group and General McLane School District (Utica) contend that such a disclaimer contravenes provisions of the Worker's Compensation Act...

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