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EMPLOYERS INS. v. COM., DEPT. OF TRANSP.

865 A.2d 825 (2005)

EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, Appellant v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, Appellee.

Supreme Court of Pennsylvania.

Decided January 18, 2005.

Attorney(s) appearing for the Case

Willian Allen Torrance, for Employers Ins. of Wausau, a Mut. Co., appellant.

Christopher Farrell Wilson, for Dept. of Transp., appellee.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice BAER.

This case comes before us after the Commonwealth Court, acting within its original jurisdiction, granted preliminary objections and dismissed the claims of Employers Insurance of Wausau (hereinafter Wausau) against the Commonwealth of Pennsylvania, Department of Transportation (hereinafter PennDOT). The issue we must determine is whether the Board of Claims is the proper tribunal to hear claims against the Commonwealth premised...

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