THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court

Ernest McPhail, Appellant,

v.

South Carolina Budget and Control Board and Employee Insurance Program, Respondents.

Appeal from
 John D. Geathers, Administrative Law Court Judge

Memorandum Opinion No. 2009-MO-017
Heard February 19, 2009 – Filed April 13, 2009  

AFFIRMED

Gerald  Malloy, of Malloy Law Firm, of Hartsville, and Preston F. McDaniel, of McDaniel Law Firm, of Columbia, for Appellant.

James T. Hedgepath, of Nexsen Pruet, of Greenville, and Michael T. Brittingham, of Nexsen Pruet, of Columbia, for Respondents.

PER CURIAM:  After careful consideration of the Record on Appeal and the briefs, the appealed order is

AFFIRMED.

TOAL, C.J., WALLER, PLEICONES, BEATTY and KITTREDGE, JJ., concur.