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YUSSEN v. MEDICAL CARE AVAILABILITY

No. 400 M.D. 2010.

17 A.3d 422 (2011)

Phillip S. YUSSEN, M.D., Petitioner v. MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR FUND, Respondent.

Commonwealth Court of Pennsylvania.

Decided January 4, 2011.

Publication Ordered March 24, 2011.

Attorney(s) appearing for the Case

Paul R. Walker , Harrisburg, for petitioner.

Cindy E. Sheaffer , Harrisburg, for respondent.

BEFORE: COHN JUBELIRER, Judge, and BUTLER, Judge, and QUIGLEY, Senior Judge.

OPINION BY Judge BUTLER.

The Medical Care Availability and Reduction of Error Fund (Mcare Fund) filed Exceptions to a Proposed Decision recommending reversal of the order of the Mcare Fund which denied coverage under Section 715 of the Medical Care Availability and Reduction of Error Act (Act),1 (Section 715) for Phillip S. Yussen, M.D. (Dr. Yussen). There is one issue before the Court: whether the Mcare Fund properly concluded that the...

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