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WIMER v. PEBTF

939 A.2d 843 (2007)

Gary E. WIMER, Appellee, v. PENNSYLVANIA EMPLOYEES BENEFIT TRUST FUND (PEBTF), Appellant.

Supreme Court of Pennsylvania.

Decided December 27, 2007.

Attorney(s) appearing for the Case

Richard Kirschner, Esq., for Pennsylvania Employees Benefit Trust Fund (PEBTF).

Cynthia M. Danel, Esq., Edgar Snyder & Associates, L.L.C, Pittsburgh, for Gary E. Wimer.

BEFORE: CAPPY, C.J., and CASTILLE, SAYLOR, EAKIN, BAER and BALDWIN, JJ.

OPINION

Justice BAER.

We granted review in this healthcare subrogation case to address the following issues. First, whether a recipient of healthcare benefits paid by the Pennsylvania Employees Benefit Trust Fund (hereinafter "PEBTF" or "Appellant") is contractually obligated, when challenging a subrogation claim and a termination of healthcare benefits, to exhaust internal appeals to PEBTF's Board of Trustees prior to seeking recourse through filing...

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