Howard v. PERS
| Docket Number: | 2005-CC-02186-COA Linked Case(s): 2005-CC-02186-COA ; 2005-CT-02186-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 05-15-2007 Opinion Author: MYERS, P.J. Holding: Reversed, Rendered and Remanded |
|
| Additional Case Information: |
Topic: Unemployment benefits - Substantial evidence Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Dissenting Author : GRIFFIS, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
|
| Trial Court: |
Date of Trial Judgment: 10-13-2005 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: CIRCUIT COURT AFFIRMED DECISION OF THE PERS BOARD OF TRUSTEES TO DENY DISABILITY BENEFITS. Case Number: 251-04-0194-CIV |
|
| Party Name: | Attorney Name: | |||
| Appellant: | SHEILA F. HOWARD |
PAUL D. WALLEY |
||
| Appellee: | PUBLIC EMPLOYEES’ RETIREMENT SYSTEM OF MISSISSIPPI | MARY MARGARET BOWERS |
|
|
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: | Unemployment benefits - Substantial evidence |
| Summary of the Facts: | Sheila Howard, who suffers from chronic pain, weakness, and fatigue, brought on by a severe case of fibromyalgia, applied to the PERS Medical Board for permanent disability benefits after her condition rendered her unable to perform her normal duties as a kindergarten teacher. The Medical Board denied her application. Howard appealed to the PERS Disability Appeals Committee which affirmed the findings of the Medical Board. The Board of Trustees adopted the Appeals Committee’s findings in a final written order. Howard appealed to circuit court which affirmed. Howard appeals. |
| Summary of Opinion Analysis: | PERS argues that its decision to deny benefits was supported by substantial evidence. In reaching the decision to deny Howard’s claim, PERS relied on medical records reviewed by medical professionals on the Medical Board, the lack of what PERS calls objective medical evidence supporting Howard’s claim, and the fact that Howard was offered a teaching contract. PERS claims that the offer of a renewed contract calls into question the reliability of the letter offered by the business administrator for the Greene County School District, which stated that Howard was no longer able to perform her job duties. Howard’s medical records reveal that she has been diagnosed with a severe case of fibromyalgia. This diagnosis has not been disputed by any of the numerous physicians who have treated Howard over the past four years, and even the independent medical examiner appointed by PERS confirmed that Howard showed signs of fibromyalgia through pain trigger points. Therefore, PERS’ decision to deny benefits was arbitrary and capricious and unsupported by the substantial evidence. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
