SURGICAL CARE AFFILIATES v. INDUS. COM'N

No. COA17-78.

807 S.E.2d 679 (2017)

SURGICAL CARE AFFILIATES, LLC, Petitioner, v. NORTH CAROLINA INDUSTRIAL COMMISSION, Respondent.

Court of Appeals of North Carolina.

Filed: November 21, 2017.


Attorney(s) appearing for the Case

Parker Poe Adams & Bernstein LLP, Raleigh, by Renee J. Montgomery and Matthew W. Wolfe , for petitioner-appellee.

Attorney General Joshua H. Stein , by Special Deputy Attorney General Amar Majmundar and Assistant Attorney General Bethany A. Burgon , for respondent-appellant.

Wyrick Robbins Yates & Ponton LLP, Raleigh, by Frank Kirschbaum , Charles George , and Tobias Hampson , for Greensboro Orthopaedics, P.A., OrthoCarolina, P.A., Raleigh Orthopaedic Clinic, P.A., Surgical Center of Greensboro, LLC, Southeastern Orthopaedic Specialists, P.A., Orthopaedic & Hand Specialists, P.A. (Hand Center of Greensboro), Cary Orthopaedic and Sports Medicine Specialists, P.A., and Stephen D. Lucey, M.D., as amici curiae in support of petitioner-appellee.

Troutman Sanders LLP, Raleigh, by Christopher G. Browning, Jr. and Gavin B. Parsons , for North Carolina Retail Merchants Association, North Carolina Home Builders Association, North Carolina Chamber, North Carolina Farm Bureau, North Carolina Association of Self-Insurers, American Insurance Association, Property Casualty Insurers Association of America, Employers Coalition of North Carolina, North Carolina Forestry Association, North Carolina Automobile Dealers Association, North Carolina Association of County Commissioners, Builders Mutual Insurance Company, Dealers Choice Mutual Insurance Company, First Benefits Insurance Mutual, Inc., Forestry Mutual Insurance Company and the North Carolina Interlocal Risk Management Agency, and P. Andrew Ellen for North Carolina Retail Merchants Association, J. Michael Carpenter for North Carolina Home Builders Association, Amy Y. Bason for the North Carolina Association of County Commissioners, Kimberly S. Hibbard and Gregg F. Schwitzgebel, III, for North Carolina Interlocal Risk Management Agency, T. John Policastro for North Carolina Auto Dealers Association, and H. Julian Philpott, Jr., for North Carolina Farm Bureau, as amici curiae in support of respondent-appellant.


Because we hold the Superior Court erred in defining the term "hospital," as used in the context of 2013 N.C. Sess. Laws ch. 410, § 33.(a) and concluding that "hospitals are separate and legally distinct entities from ambulatory surgical centers," we reverse the court's decision that our General Assembly did not authorize the...

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