American Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 24 (1999)

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Cite as: 526 U. S. 40 (1999)

Opinion of Stevens, J.

ents' facial attack on the statute and also points out that respondents "do not contend that they have a property interest in their claims for payment, as distinct from the payments themselves." Ante, at 61, n. 13. I would add, however, that there may be individual circumstances in which the receipt of earlier payments leads an injured person reasonably to expect their continuation, in which case that person may well possess a constitutionally protected "property" interest. See, e. g., Board of Regents of State Colleges v. Roth, 408 U. S. 564, 577 (1972) ("It is a purpose of the ancient institution of property to protect those claims upon which people rely in their daily lives, reliance that must not be arbitrarily undermined"); Perry v. Sindermann, 408 U. S. 593, 601 (1972); Goldberg v. Kelly, 397 U. S. 254, 262, and n. 8 (1970); Mathews v. Eldridge, 424 U. S. 319, 332 (1976).

Justice Stevens, concurring in part and dissenting in part.

Because the individual respondents suffered work-related injuries, they are entitled to have their employers, or the employers' insurers, pay for whatever "reasonable" and "necessary" treatment they may need. Pa. Stat. Ann., Tit. 77, §§ 531(1)(i), (5) (Purdon Supp. 1998). That right—whether described as a "claim" for payment or a "cause of action"— is unquestionably a species of property protected by the Due Process Clause of the Fourteenth Amendment. See, e. g., Tulsa Professional Collection Services, Inc. v. Pope, 485 U. S. 478, 485 (1988). Disputes over the reasonableness or necessity of particular treatments are resolved by decision-makers who are state actors and who must follow procedures established by Pennsylvania law. Because the resolution of such disputes determines the scope of the claimants' property interests, the Constitution requires that the procedure be fair. Logan v. Zimmerman Brush Co., 455 U. S. 422

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