Pub. Employees' Retirement Sys. V. Cobb
| Docket Number: | 2001-CC-01883-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-11-2003 Opinion Author: McMillin, C.J. Holding: REVERSED AND JUDGMENT OF THE BOARD OF TRUSTEES REINSTATED |
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| Additional Case Information: |
Topic: Disability benefits - Sufficiency of evidence Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, 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: 10-11-2001 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: CLAIMANT AWARDED BENEFITS Case Number: 251-00-0537 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Public Employees' Retirement System |
OFFICE OF THE ATTORNEY GENERAL BY:
MARY MARGARET BOWERS |
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| Appellee: | Dorothy H. Cobb | LANCE LAROY STEWART |
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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 - Sufficiency of evidence |
| Summary of the Facts: | Dorothy Cobb submitted an application for disability retirement benefits after she voluntarily ended her employment with the Mississippi Department of Rehabilitation Services as a counselor assistant. The Public Employees' Retirement System Medical Board denied her request. She appealed to the Appeals Committee which recommended to the Board of Trustees that there was insufficient evidence to support Cobb's allegation that she was permanently disabled from performing her position as counselor assistant. The Board of Trustees affirmed the medical board's decision to deny Cobb’s request for permanent disability benefits. Cobb appealed to circuit court which reversed and remanded. PERS appeals. |
| Summary of Opinion Analysis: | In administrative matters, the agency sits as finder of fact which includes assessing the credibility of witnesses and determining the proper weight to give to a particular witness’s testimony. Much of the testimony concerning the severity of Cobb’s alleged medical problems and sudden onsets of debilitating bouts of dizziness consisted of Cobb’s own testimony and the lay testimony of friends and family. This lay testimony cannot be tied to any diagnosis or assessment by any of the numerous physicians who have treated Cobb during her prolonged history of allergy problems. Therefore, the record amply supports the Board's findings that Cobb failed to meet her burden of showing her eligibility for disability retirement. |
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