ORDER
PER CURIAM.AND NOW, this 30th day of May, 2012, the order of the Commonwealth Court is REVERSED, and the matter is remanded for judgment in favor of Appellant. See Yussen v. MCARE Fund, — Pa.-, 46 A.3d 685 (2012).
Justice ORIE MELVIN did not participate in the decision of this case. Justice EAKIN files a dissenting statement in which Chief Justice CASTILLE joins.