PERS v. Dean


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Docket Number: 2006-SA-01692-COA
Linked Case(s): 2006-SA-01692-COA

Court of Appeals: Opinion Link
Opinion Date: 02-05-2008
Opinion Author: KING, C.J.
Holding: Reversed and Rendered

Additional Case Information: Topic: Disability benefits - Permanently disabled - Medical opinions
Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES

Trial Court: Date of Trial Judgment: 08-30-2006
Appealed from: Hinds County Circuit Court
Judge: Tomie Green
Disposition: HINDS COUNTY CIRCUIT COURT REVERSED DECISION OF PERS BOARD OF TRUSTEES AND GRANTED DISABILITY BENEFITS TO DEAN.
Case Number: 251-02-1165 CIV

  Party Name: Attorney Name:  
Appellant: PUBLIC EMPLOYEES’ RETIREMENT SYSTEM




MARY MARGARET BOWERS



 

Appellee: JACKIE W. DEAN GEORGE S. LUTER, ROBERT Q. WHITWELL  

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Topic: Disability benefits - Permanently disabled - Medical opinions

Summary of the Facts: Jackie Dean applied for in-the-line-of-duty disability retirement with PERS. After receiving various reports, notes, and records from various physicians, PERS found that the reports conflicted with each other regarding whether Dean was disabled. PERS placed more weight on the treating physician’s opinion. PERS found that, while Dean would have periodic back pain, the pain was not disabling. After finding that Dean was not disabled, the Board of Trustees denied Dean disability benefits. Dean appealed to the circuit court which affirmed. Dean appealed, and the supreme court reversed the decision of PERS and remanded the case for a new hearing. A second hearing was conducted by the PERS Disability Appeals Committee. The PERS Board of Trustees adopted the Committee’s proposed statement of facts, conclusions of law, and recommendation to deny Dean’s request for benefits. Dean appealed to circuit court which reversed the decision of PERS and found that Dean was disabled and entitled to disability benefits. PERS appeals.

Summary of Opinion Analysis: PERS argues that the trial court impermissibly re-weighed the evidence when it overturned the decision of the PERS Board of Trustees. Since Dean had only completed just under two years of membership service in PERS, he was only eligible for disability if caused by an accident that occurred while in the course of employment. This type of disability specifically required that Dean be disabled and became disabled as a direct result of an accident or traumatic event resulting in a physical injury occurring in the line of performance of duty. There is no dispute that Dean suffered an injury to his back. The question before the PERS Board of Trustees was whether the injury caused Dean to be permanently disabled. This case includes the medical opinions of five different doctors that conflict with each other. The PERS Board of Trustees has provided us with a thorough discussion of the medical evidence and the reason why they chose to rely on one of the medical opinions over the other medical opinions. In addition, PERS devalued three of the opinions since it deemed that they were only evaluations and not treatment over a period of time. This decision was within the discretion of PERS as the fact-finder.


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