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S.C. AMB. SURGERY CENTER ASSOC. v. S.C. WORKERS' COMPENSATION COMM.

No. 26875.

389 S.C. 380 (2010)

699 S.E.2d 146

SOUTH CAROLINA AMBULATORY SURGERY CENTER ASSOCIATION; Ambulatory Surgery Center of Spartanburg, LLC; Blue Ridge Surgery Center; Low Country Orthopedics & Sports Medicine, LLC; Lowcountry Surgery Center, LLC; Midland Orthopaedics Surgery Center, LLC; Moore Orthopaedic Clinic Outpatient Surgery Center, LLC; Surgery Center at Pelham, LLC; Ocean Ambulatory Surgery Center; Upstate Surgery Center, L.L.C., Respondents/Appellants, v. The SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, Appellant/Respondent.

Supreme Court of South Carolina.

Decided September 7, 2010.

Rehearing Denied October 6, 2010.

Attorney(s) appearing for the Case

William H. Davidson, II and Kenneth P. Woodington , Davidson & Lindemann, of Columbia, for Appellant-Respondent.

Steven W. Hamm and C. Jo Anne Wessinger Hill , of Richardson, Plowden & Robinson, of Columbia, for Respondents-Appellants.

Justice 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...

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