Pub. Employees' Retirement Sys. V. Henderson
| Docket Number: | 2002-CC-01044-COA Linked Case(s): 2002-CC-01044-COA |
|
| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2003 Opinion Author: Myers, J. Holding: Reversed and Remanded |
|
| Additional Case Information: |
Topic: Disability benefits - Substantial evidence Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Thomas, Lee and Griffis, JJ. Non Participating Judge(s): Irving, J. Dissenting Author : Chandler, J. Dissent Joined By : King, P.J., and Bridges, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
|
| Trial Court: |
Date of Trial Judgment: 01-10-2002 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: DENIAL OF DISABILITY BENEFITS WAS REVERSED Case Number: 251-00-748-CIV |
|
| Party Name: | Attorney Name: | |||
| Appellant: | The Public Employees' Retirement System |
OFFICE OF THE ATTORNEY GENERAL BY:
MARY MARGARET BOWERS |
||
| Appellee: | Cathy D. Henderson | EUGENE BURTON GIFFORD BRADLEY D. TENNISON |
|
|
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. |
|
| Topic: | Disability benefits - Substantial evidence |
| Summary of the Facts: | Cathy Henderson terminated her employment with the Prentiss County School District, where she worked as a teacher’s assistant. She claimed disability as the result of arthritis and fibromyalgia. Her application for disability benefits filed with the Public Employees’ Retirement System was denied. Henderson appealed to circuit court which reversed the PERS decision. PERS appeals. |
| Summary of Opinion Analysis: | Three medical doctors who reviewed Henderson’s medical records noted that Henderson’s cognitive functions appear intact. Some of her conditions, notably fibromyalgia, are controversial in the medical community. In fact, Henderson’s physician even noted that he reached this diagnosis only by ruling out every other possible cause of the symptoms Henderson reported. The circuit court appears to place a good deal of weight on the findings of the Social Security Administration which alone is not determinative of a finding of disability. The only other evidence which supports Henderson’s case for disability appears to be anecdotal evidence. Given these facts, PERS’ decision is supported by much more substantial evidence. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
