TEXAS WORKERS' COMPENSATION COMMISSION; Richard Reynolds, in his Official Capacity as Executive Director of the Texas Workers' Compensation Commission; State Office of Administrative Hearings; and Chief Administrative Law Judge Sheila Bailey Taylor, in her Official Capacity/East Side Surgical Center; Clinic for Special Surgery; and Surgical and Diagnostic Center, L.P., Appellants,
v.
EAST SIDE SURGICAL CENTER; Clinic for Special Surgery; and Surgical and Diagnostic Center, L.P./Texas Workers' Compensation Commission; Richard Reynolds, in his Official Capacity as Executive Director of the Texas Workers' Compensation Commission; State Office of Administrative Hearings; and Chief Administrative Law Judge Sheila Bailey Taylor, in her Official Capacity, Appellees.
Court of Appeals of Texas, Austin.https://leagle.com/images/logo.png
July 29, 2004.
July 29, 2004.
Attorney(s) appearing for the Case
Don Walker, Assistant Attorney General, Chief, Administrative Law Division, Austin, for Texas Workers' Compensation Commission and Richard Reynolds.
George C. Noelke, Assistant Attorney General, Administrative Law Division, Austin, for State Office of Administrative Hearings.
Bradley D. McClellan, Assistant Attorney General, Tort Litigation Division, Austin, for State Office of Risk Management.
H. Douglas Pruett, H. Douglas Pruett, P.C., Austin, for East Side Surgical Center and Clinic for Special Surgery.
William Maxwell, Gilbert & Maxwell, PLLC, Houston, for East Side Surgical Center.
Phyllis B. Schunck, Kathy L. Ellett, Clark, Thomas & Winters, P.C., Austin, for Surgical and Diagnostic Center, L.P.
Thomas B. Hudson, Jr., Robin A. Melvin, P.M. Schenkkan, Graves, Dougherty, Hearon & Moody, P.C., Austin, for Texas Mutual Insurance Company.
Jane Lipscomb Stone, James M. Loughlin, Stone, Loughlin & Swanson, LLP, Austin, for Continental Casualty Company.
Before Chief Justice LAW, Justices PATTERSON and PURYEAR.
Court of Appeals of Texas, Austin.
OPINION
DAVID PURYEAR, Justice.
This case involves the failure of the Texas Workers' Compensation Commission (the "Commission") to establish fee guidelines for health care services provided by ambulatory surgical centers1 under the Texas Workers' Compensation Act (the "Act"). See Tex. Lab.Code Ann. §§ 401.001-506.002 (West 1996 & Supp. 2004). Ambulatory surgical centers, East Side Surgical Center,...
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