PERS v. Bishop
| Docket Number: | 2005-CC-00931-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-07-2006 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Disability benefits - Section 25-11-113 (1)(a) - Substantial evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, GRIFFIS, BARNES, ISHEE AND ROBERTS, 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: 03-31-2005 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: DECISION OF THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM REVERSED. Case Number: 251-01-0089 CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | PUBLIC EMPLOYEES’ RETIREMENT SYSTEM |
MARY MARGARET BOWERS |
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| Appellee: | DONALD W. BISHOP | RONALD D. MICHAEL |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Disability benefits - Section 25-11-113 (1)(a) - Substantial evidence |
| Summary of the Facts: | Donald Bishop was employed as a Carpenter II with Mississippi State University for approximately nine and a half years. He terminated his employment with Mississippi State University, alleging that he was not physically capable of performing his job duties. Mississippi State University did not offer alternative employment nor did it offer lesser duties in the same position or an alternate position. Bishop applied for disability benefits from the Public Employees’ Retirement System. PERS denied Bishop’s claim. The PERS Disability Appeals Committee made a recommendation to the PERS Board of Trustees that the Board deny Bishop’s request. The Board adopted the committee’s recommendation and entered an order denying benefits. The circuit court reversed on appeal. PERS appeals. |
| Summary of Opinion Analysis: | Pursuant to section 25-11-113 (1)(a), a person may be disabled when he is unable to perform the usual duties of employment. The employee seeking benefits must be unable to perform the duties of any employment covered by the PERS that is actually offered and is within the same general territorial work area, without material reduction in compensation. PERS’s decision to deny benefits is not supported by substantial evidence. Bishop underwent a FCE at PERS's request. The results of the FCE and the opinion of Dr. Bustamente indicated that further information was needed to determine whether Bishop was permanently disabled. These inconclusive medical opinions were not substantial evidence to support PERS's decision. The only other evidence which supports PERS’s ruling is the opinion of Dr. McKibben, but he did not conduct any tests on Bishop. His opinion is not substantial evidence when considered along with the other objective medical evidence presented. |
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