Pub. Employees' Retirement Sys. V. Dearman
| Docket Number: | 2001-CC-01882-SCT Linked Case(s): 2001-CC-01882-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 04-03-2003 Opinion Author: Graves, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Disability benefits - Substantial evidence - Section 25-11-113 Judge(s) Concurring: Pittman, C.J., McRae and Smith, P.JJ., Waller, Diaz, Easley and Carlson, JJ. Dissenting Author : Cobb, J. Procedural History: Admin / 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: Reversed the decision of the PERS Board of Trustees and granted disability benefits to the Appellee. Case Number: 251-00-0522CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Public Employees' Retirement System |
MARY MARGARET BOWERS |
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| Appellee: | Elsie Dearman | CHRISTOPHER COLLINS VAN CLEAVE CLYDE H. GUNN D. NEIL HARRIS |
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| Topic: | Disability benefits - Substantial evidence - Section 25-11-113 |
| Summary of the Facts: | Elsie Dearman sought disability benefits from the Public Employees’ Retirement System of Mississippi. The PERS Medical Board denied her claim. She appealed to the PERS Disability Appeals Committee which made a recommendation to the PERS Board of Trustees. The Board denied her claim, and Dearman appealed to the circuit court. The circuit court reversed the order of the Board of Trustees and granted disability benefits to Dearman. PERS appeals. |
| Summary of Opinion Analysis: | PERS argues that the facts as presented in the record support the decision of the Board that Dearman is not entitled to the receipt of regular disability benefits pursuant to section 25-11-113. Section 25-11-113(1)(a) provides that disability is present if the claimant is unable to perform the usual duties of employment or such lesser duties, if any, as the employer, in its discretion, may assign without material reduction in compensation or to perform the duties of any employment covered by the Public Employees’ Retirement system that is actually offered and is within the same general territorial work area, without material reduction in compensation. Dearman gave extensive testimony concerning her disability and physical debilitation including that she suffers from pain, numbness and semi-paralysis on her entire left side; she suffers from migraines; she has developed frequent bladder infections and sometimes has pus or blood in her urine; she cannot stand for periods longer than four to five minutes without experiencing pain; and she takes numerous forms of prescription narcotics. Her husband also testified about her physical debilitation and her inability to perform daily household tasks. The only physician who examined Dearman determined that she is permanently disabled and incapable of performing her job responsibilities. PERS failed to offer any medical evidence which disputed Dearman’s medical evidence. PERS cannot choose to ignore the only evidence in the record from the examining physician, especially where it chose not to exercise its right to an independent medical evaluation under section 25-11-113(1)(c). Because the record shows that Dearman is unable to perform her usual duties of employment and no accommodation could remedy the situation, the circuit court did not err. |
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