Thomas v. PERS


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Docket Number: 2005-CC-02184-COA
Linked Case(s): 2005-CC-02184-COA2005-CT-02184-SCT2005-CT-02184-SCT2005-CT-02184-SCT
Oral Argument: 03-22-2007
 

 

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Court of Appeals: Opinion Link
Opinion Date: 06-26-2007
Opinion Author: BARNES, J.
Holding: Reversed and Remanded

Additional Case Information: Topic: Disability benefits - Substantial evidence
Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, ISHEE, ROBERTS AND CARLTON, JJ.
Dissenting Author : MYERS, P.J., AND GRIFFIS, J.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES

Trial Court: Date of Trial Judgment: 10-21-2005
Appealed from: Hinds County Circuit Court
Judge: Bobby DeLaughter
Disposition: CIRCUIT COURT AFFIRMED DECISION OF PERS BOARD OF TRUSTEES TO DENY DISABILITY BENEFITS.
Case Number: 251-03-625-CIV-BD

Note: This opinion was reversed by the Supreme Court on 10/2/2008. The SCT reinstated the judgment of trial court. The SCT opinion may be viewed at: http://www.mssc.state.ms.us/Images/Opinions/CO50588.pdf

  Party Name: Attorney Name:  
Appellant: BETTY THOMAS




GEORGE S. LUTER



 

Appellee: PUBLIC EMPLOYEES’ RETIREMENT SYSTEM OF MISSISSIPPI MARY MARGARET BOWERS  

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Topic: Disability benefits - Substantial evidence

Summary of the Facts: Betty Thomas applied for disability retirement benefits when chronic pain, headaches, and fatigue due to fibromyalgia rendered her unable to perform her duties as a child support enforcement officer for the Mississippi Department of Human Services. The Public Employees’ Retirement System of Mississippi’s denied her the benefits. The circuit court found the decision by the PERS Board of Trustees was supported by substantial evidence. Thomas appeals.

Summary of Opinion Analysis: Thomas argues that there is overwhelming medical evidence to support her disabled status, and thus PERS’s denial of benefits is not supported by substantial evidence. Thomas argues that her medical records were replete with substantial evidence she had fibromyalgia and could not perform her job. Thomas testified that she had chronic headaches, could not sleep, was exhausted all of the time, had memory problems, and left work because she could not cope with these symptoms, in addition to chronic, constant pain. The record indicates that while the physical requirements of her job as a child enforcement officer were sedentary, she found it mentally stressful. Her employer stated in her PERS disability application that Thomas was unable “to perform essential functions of her job.” Thomas’s husband and a friend also testified to the “drastic change” in her health. While Thomas’s doctors did not immediately relate her symptoms of orthopaedic pain and headaches to fibromyalgia, when symptoms of numbness and pain did not dissipate, and she developed secondary depression, Thomas was ultimately diagnosed with fibromyalgia. Thomas’s primary care doctor also confirmed that she could not perform her job duties due to her condition. Thus, substantial evidence does not support PERS’s decision to deny benefits. PERS presents no contradicting medical evidence in the record that Thomas may not be disabled or have fibromyalgia. While PERS does present detailed findings, they are basically a summary of Thomas’s medical records and do not contradict a finding of disability.


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