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Superior Court Holds That Beneficiary of Medical Expenses Paid by DPW for Care of Minor Child Is Parents

On August 15, 2007, the PA Superior Court, in the case of Bowmaster v. Gerald Clair and Centre Community Hospital, held that the beneficiary of medical expenses paid by DPW for the care and treatment of a minor child is the parents of the minor child as it is the parents that have an obligation of support until the child reaches majority.

As such, in personal injury cases involving a minor, DPW is not entitled to recover any portion of the funds paid prior to the minor child reaching majority, if the parents, or by intervention of DPW, do not seek recover of such expenses.

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