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IN RE MATEY

No. 34483.

213 P.3d 389 (2009)

In the Matter of the Person of Jess C. MATEY, an Incapacitated Person. Idaho Department of Health & Welfare, Plaintiff-Appellant, v. Jess C. Matey, an incapacitated person, Defendant, and Chris J. and Pam S. Matey, Real Parties in Interest-Respondents.

Supreme Court of Idaho, Boise, June 2009 Term.

July 9, 2009.

Attorney(s) appearing for the Case

Honorable Lawrence G. Wasden, Idaho Attorney General, Boise, for appellant. Margaret P. White argued.

Hepworth, Lezamiz & Janis, Chtd., Twin Falls, for respondents. Robyn M. Brody argued.

J. JONES, Justice.

The Idaho Department of Health and Welfare appeals from the district court's decision determining the amount of its reimbursement from a Medicaid recipient's settlement. We affirm in part, reverse in part and remand the case for further proceedings.

I.

In June 2004, sixteen-year-old Jess Matey was seriously injured in a car accident. He sustained a traumatic brain injury and now requires continual care. As a result of his injuries...

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