PERS v. Trulove
Docket Number: | 2006-SA-00550-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 04-17-2007 Opinion Author: IRVING, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Disability benefits - Duty-related Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, 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: 01-04-2006 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: CIRCUIT COURT REVERSED THE ORDER OF THE PERS BOARD OF TRUSTEES. Case Number: 251-03-1218 CIV |
Party Name: | Attorney Name: | |||
Appellant: | PUBLIC EMPLOYEES’ RETIREMENT SYSTEM |
MARY MARGARET BOWERS |
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Appellee: | PHYLLIS TRULOVE | W. HOWARD GUNN |
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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. |
Topic: | Disability benefits - Duty-related |
Summary of the Facts: | Phyllis Trulove filed an application for duty-related disability benefits with the Public Employees’ Retirement System. The Disability Appeals Committee and the Board of Trustees denied Trulove’s request. The circuit court reversed PERS’ decision and granted Trulove duty-related disability benefits. PERS appeals. |
Summary of Opinion Analysis: | PERS argues that its decision to deny Trulove’s request for duty-related benefits is supported by substantial evidence and argues that the circuit court erred in reweighing the evidence. In order to be eligible for duty-related disability benefits the burden is on Trulove to show that her disability is a direct result of an accident or traumatic event which occurred while she was performing her job duties. The record indicates that PERS reached its decision based on its opinion that a question exists as to whether a second accident actually occurred. It appears that the Committee did not thoroughly consider the doctor’s notes, and gave no weight to Trulove’s incident report. By providing the Committee with her medical records and the incident report, Trulove has satisfied her burden of establishing that she is disabled as a result of an on-the-job injury. |
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