PERS v. McClure
| Docket Number: | 2005-CC-02189-COA Linked Case(s): 2005-CC-02189-COA ; 2005-CT-02189-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-15-2007 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Unemployment benefits - Substantial evidence Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Dissenting Author : GRIFFIS, 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: 08-22-2005 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: DECISION OF THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM REVERSED AND BENEFITS AWARDED. Case Number: 251-02-0042CIV |
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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: | SARA G. MCCLURE | SARA G. MCCLURE (PRO SE) |
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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: | Unemployment benefits - Substantial evidence |
| Summary of the Facts: | Because of her increased problems with blood pressure and diabetes, Sara McClure, a special education teacher, applied for Regular Age Limited Disability benefits with the Public Employees’ Retirement System. PERS’s medical board denied McClure’s claim, and she appealed this decision before the Disability Appeals Committee. The Disability Appeals Committee made a recommendation to the PERS Board of Trustees to deny McClure’s request for disability. The Committee did not believe the evidence supported finding McClure was disabled. The PERS Board of Trustees adopted the recommendation of the Disability Appeals Committee to deny McClure disability benefits. McClure appealed to circuit court which reversed the order of the PERS Board of Trustees. PERS appeals. |
| Summary of Opinion Analysis: | PERS argues the court erred by impermissibly reweighing the evidence in finding that McClure presented sufficient evidence of disability. McClure provided very detailed testimony and medical records that she suffered from bilateral adrenal hyperplasia, insulin dependant diabetes and hypertension. These illnesses prevented her from performing the usual duties of her employment. McClure testified that she is no longer effective on her job, despite the fact that she was proactive in treating her illnesses. McClure also presented evidence that her employer could not offer her any comparable employment without material reduction in compensation. McClure’s physician for nearly ten years presented the only opinion in the record. PERS does not offer any medical evidence that suggests the alternative treatment would restore McClure to a level of functioning capacity. While PERS has the power to weigh witness testimonies, even to the point of disagreeing with assessments, the record must contain substantial evidence upon which PERS relies. Because PERS’s decision to deny McClure disability benefits was unsupported by substantial evidence and arbitrary and capricious, the court’s decision which reversed the PERS decision to deny McClure benefits is affirmed. |
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