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Tag Archives: Administrative Law

Administrative – Social Security – Disability Claim — Headaches – Evidence (access required)

Smalls v. Colvin Although plaintiff points out that there was no discussion of evidence in the record showing that she had made “four visits in one year to the emergency room due to migraine headaches,” the administrative law judge cited medical evidence that plaintiff’s “neurological examinations were unremarkable.” Moreover, the ALJ found that plaintiff was controlling her migraines with medication. Therefore, substantial evidence supports the ALJ’s finding at step two that plaintiff’s headaches were not sufficiently severe

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Labor & Employment – Unemployment Compensation – Hospital – Flu Shot Requirement – Refusal (access required)

AnMed Health v. South Carolina Department of Employment & Workforce While it was reasonable for a hospital to require its employees to get a flu shot, it was also reasonable for the respondent-employee to refuse, given that she has no direct contact with patients and that her daughter had died from possibly genetically-based complications from a flu shot.

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Civil Practice – Subject Matter Jurisdiction – Taxation – Tourism Expenditure Review – Declaratory Judgments Act (access required)

Tourism Expenditure Review Committee v. City of Myrtle Beach S.C. Code Ann. § 6-4-35(B) provides the exclusive process and means to challenge an expenditure of funds from the local accommodations tax (i.e., a certification of noncompliance by the Tourism Expenditure Review Committee, withholding by the state treasurer, and appeal in the Administrative Law Judge Division). The Declaratory Judgments Act may not be invoked to circumvent the legislature’s exclusive method for challenging expenditures of funds from the local accommodations tax.

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Administrative – Administrative Medicaid – Civil Practice – Mootness & Ripeness (access required)

Peter B. v. Buscemi Where plaintiffs Jimmy E. and Michelle M. have won the relief they sought in South Carolina’s Administrative Law Court, and where defendants have not appealed the ALC’s decision, Jimmy and Michelle’s claims are moot. Where plaintiff Peter B.’s claim is pending in the ALC, his claims in this court are not ripe. Defendants’ motion to dismiss is granted as to Jimmy and Michelle. This action is stayed as to Peter.

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