Pub. Employees' Retirement Sys. V. Smith
| Docket Number: | 2002-CC-01026-COA Linked Case(s): 2002-CC-01026-COA ; 2002-CT-01026-SCT |
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| Court of Appeals: |
Opinion Date: 01-13-2004 Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Disability benefits - On the job injury - Section 25-11-114(6) Judge(s) Concurring: McMILLIN, C.J., AND SOUTHWICK, P.J., BRIDGES, THOMAS, LEE, AND CHANDLER, JJ., Dissenting Author : KING, P.J., Dissent Joined By : IRVING AND MYERS, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 05-09-2002 Appealed from: Hinds County Circuit Court Judge: Tomie Green Case Number: 251-99-1295 CIV |
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| Note: | Link Inactive | |
| Party Name: | Attorney Name: | |||
| Appellant: | THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM |
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| Appellee: | WILLIE SMITH |
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| Topic: | Disability benefits - On the job injury - Section 25-11-114(6) |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. Willie Smith, Jr. sought hurt-on-the-job disability benefits from the Public Employee's Retirement System. The Medical Board denied the claim and the denial was upheld by the Disability Appeals Committee. The Board of Trustees affirmed the denial. Smith appealed to circuit court which reversed the order of the PERS Board and granted disability benefits to Smith. PERS appeals. |
| Summary of Opinion Analysis: | There are two categories of disability benefits available to state employees, regular disability benefits and hurt-on-the-job disability benefits. To be eligible for regular disability benefits, a state employee must have at least four years of state service. Smith was not eligible for regular disability benefits because he had less than one year of state service. To establish his claim for hurt-on-the-job disability benefits, Smith must prove that he was disabled as defined by section 25-11-113(1)(a) and if so, that he became disabled as the direct result of an on-the-job injury as required by section 25-11-114(6). While there is little dispute that Smith was disabled and unable to perform his former job as a laundry worker, Smith had a significant history of multiple back injuries, accidents and medical treatment, both prior and subsequent to the incident at the State Hospital. In fact, he was classified as disabled before he began work at the State Hospital. Although the Social Security Administration granted Smith disability benefits, an SSA determination of disability is not binding on PERS. Also, the SSA determination letter contradicts Smith’s claim that his disability was the direct result of an on-the-job injury. PERS relied on a medical review of Smith’s extensive medical history of back pain, together with the assessment of a doctor that casts doubt on the severity and nature of Smith's claimed injury and associated pain, to make its conclusion. There was substantial evidence for PERS to determine that Smith’s disability was not the direct result of the incident at the State Hospital. |
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