Legal Opinion

South Carolina Ambulatory Surgery Center Ass'n v. South Carolina Workers' Compensation Commission

Supreme Court of South Carolina

Decided September 7, 2010No. 26875PublishedCited by 10 opinions

1Opinion of the CourtJustice Beatty

In this cross-appeal, we consider the central question of whether the South Carolina Workers’ Compensation Commission (“the Commission”) was required to promulgate a new regulation in order to change the fee payment schedule for ambulatory care centers. Because we find the Commission’s actions were specifically authorized by an extant regulation and did not implicate the requisite private right to warrant due process protections, we reverse the portion of the circuit court’s order finding that a new regulation was necessary to effectuate the Commission’s change to the fee payment schedule.…

2Cases cited9 opinions

  1. Hodges v. RaineySupreme Court of South Carolina · 2000
  2. Painter v. ShalalaCourt of Appeals for the Tenth Circuit · 1996
  3. Miller v. DoeSupreme Court of South Carolina · 1994
  4. Ross v. Medical Univ. of South CarolinaSupreme Court of South Carolina · 1997
  5. Kurschner v. City of Camden Planning CommissionSupreme Court of South Carolina · 2008

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3Cited by10 opinions

  1. Murphy v. South Carolina Department of Health & Environmental ControlSupreme Court of South Carolina · 2012
  2. South Carolina Department of Revenue v. Blue Moon of Newberry, Inc.Supreme Court of South Carolina · 2012
  3. BE MI, Inc. v. South Carolina Department of RevenueCourt of Appeals of South Carolina · 2014
  4. Duke Energy Carolinas, LLC v. South Carolina Department of Health & Environmental ControlCourt of Appeals of South Carolina · 2012
  5. McIntyre v. Sec. Comm'r of S.C.Court of Appeals of South Carolina · 2018

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