Poole v. PERS
| Docket Number: | 2009-CC-00212-COA Linked Case(s): 2009-CC-00212-COA2009-CT-00212-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-17-2010 Opinion Author: King, C.J. Holding: Reversed and rendered. |
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| Additional Case Information: |
Topic: Disability benefits - Substantial evidence Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Barnes and Ishee, JJ. Dissenting Author : Griffis, J., dissents with separate written opinion. Dissent Joined By : Roberts, J. Concurs in Result Only: Carlton and Maxwell, JJ., concur in result only without separate written opinion. 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: 01-08-2009 Appealed from: Hinds County Circuit Court Judge: William F. Coleman Disposition: AFFIRMED THE DECISION OF PERS DENYING AN AWARD OF DISABILITY Case Number: 251-06-733-CIV-WC |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Sharon Poole |
GEORGE S. LUTER |
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| Appellee: | The Public Employees' Retirement System | OFFICE OF THE ATTORNEY GENERAL: 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. |
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| Topic: | Disability benefits - Substantial evidence |
| Summary of the Facts: | Sharon Poole was a supervisor with the Mississippi Department of Human Services with more than thirty years of service when she applied for Non-Duty Related Disability. Poole testified that she has lower-back pain and neck problems; she had surgery on her neck in 1998. After years of back pain, Poole underwent lower-back surgery in 2002. After surgery, her pain returned, and she had a second surgery in March 2004. Poole is required to supervise workers and clerks and has a lot of deskwork and computer work. Poole says that she has trouble sitting and tries to move around. She has been told by one doctor to do no bending, lifting, stooping, or driving more than forty-five minutes at a time. It was the opinion of the DHS County Director that Poole could not perform her job. PERS Interim Executive Director wrote Poole a letter stating that the PERS Medical Board had determined that there was insufficient evidence to “support the claim that your medical condition prevents you from performing your duties as described of a Supervisor.” Poole appealed this decision. The Board’s order adopted the Committee’s recommendation. Poole then appealed to the Hinds County Circuit Court, which affirmed the decision of PERS. Poole appeals. |
| Summary of Opinion Analysis: | Poole argues that all the available medical evidence available to the Committee supports her contention that she met the statutory definition of disability. PERS’ decision to deny disability to Poole is not supported by substantial evidence. There is no dispute that Poole was in pain and that she was unable to substantially perform the duties of her position. The fact that the Committee was unable to find the specific cause of her pain was not fatal to a finding of disability. Sending the case back on remand would serve no useful purpose since the evidence of disability is already part of the record. Therefore, the case is reversed and rendered with disability benefits awarded. |
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