PERS v. Lewis
| Docket Number: | 2005-CC-01418-COA Linked Case(s): 2005-CC-01418-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-07-2006 Opinion Author: BARNES, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Disability benefits - Substantial evidence Judge(s) Concurring: KING, C.J., MYERS, P.J., SOUTHWICK, CHANDLER, GRIFFIS, ISHEE AND ROBERTS, JJ. Non Participating Judge(s): LEE, P.J. Concurs in Result Only: IRVING, J. 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: 06-10-2005 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: TRIAL COURT REVERSED AND REMANDED DECISION OF BOARD OF TRUSTEES Case Number: 251-03-614(CIV) |
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| Party Name: | Attorney Name: | |||
| Appellant: | PUBLIC EMPLOYEES’ RETIREMENT SYSTEM |
MARY MARGARET BOWERS |
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| Appellee: | FRANK A. LEWIS | GEORGE S. LUTER |
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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 - Substantial evidence |
| Summary of the Facts: | Frank Lewis was employed by the Mississippi Department of Transportation. On February 23, 2001, at the age of fifty-three, Lewis applied for non-duty related disability retirement with PERS. Lewis had suffered from diabetes for approximately fifteen to twenty years while continuing to work and manage his health. On May 14, 2001, Lewis was in an automobile accident and received a shoulder injury. He never returned to work. On May 31, 2001, Lewis terminated his employment with MDOT. The Medical Board found insufficient objective evidence to support Lewis’s retirement disability claim. The Appeals Committee agreed and recommended to the PERS Board of Trustees that Lewis be denied retirement disability benefits. The PERS Board of Trustees denied benefits. The circuit court reversed PERS’s denial of Lewis’ disability retirement benefits. PERS appeals. |
| Summary of Opinion Analysis: | The Appeals Committee reviewed the records and testimony by both treating physicians and reviewing physicians regarding his disability claim. There were conflicting assessments of Lewis’ potential disability. Lewis’ inconsistent testimony was found to be significant by the Appeals Committee. This testimony, especially regarding how Lewis’ work affected his diet, glucose monitoring, and insulin administration was contradictory. The Appeals Committee concluded that most of Lewis’ problems were from noncompliance with diabetes treatment. The circuit court improperly reweighed and reevaluated the evidence presented. The circuit court failed to evaluate substantial medical evidence of non-disability and the inconsistencies in Lewis’ testimony. The court gave much more emphasis to the shoulder injury resulting from the car accident and failed to identify any connection between the shoulder injury and Lewis’ worsened diabetes. The court also ignored the inconsistencies of Lewis’ testimony. Thus, PERS’s decision was not arbitrary or capricious, and the circuit court impermissibly reevaluated the evidence. |
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