PERS v. McDonnell
| Docket Number: | 2010-SA-00483-COA Linked Case(s): 2010-SA-00483-COA ; 2010-CT-00483-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-29-2011 Opinion Author: Barnes, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Disability benefits - Substantial evidence - Section 25-11-113(1)(a) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton and Maxwell, JJ. 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: 12-10-2009 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: Reversed Decision to Deny State Disability Benefits Case Number: 251-08-699CIV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Public Employees' Retirement System |
MARY MARGARET BOWERS, KATHERINE LESTER TRUNDT |
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| Appellee: | Susan McDonnell | QUENTIN P. MCCOLGIN | ||
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 - Section 25-11-113(1)(a) |
| Summary of the Facts: | Susan McDonnell was a computer discovery teacher employed by the Biloxi Public School District. Her job required her to be continuously on her feet walking around the classroom. In December 2006, she sought medical treatment from Dr. Douglas Leavengood, a board-certified internist with a sub-speciality in allergy and immunology, who diagnosed her with bursitis and tendonitis. On January 27, 2007, McDonnell saw Dr. Terry Smith, who had performed her back surgery. She told Dr. Smith that she was not having much pain and not taking any medication. However, she later started experiencing swelling in her right ankle, forcing her to limp around her classroom. She consulted an orthopedic specialist, Dr. Theodore Jordan, on March 16, 2007. Her x-rays showed “moderated degenerative” changes in her right ankle. Two weeks later, she saw another doctor, Dr. Dudley Burwell, a board-certified orthopedist, with the same complaint. Dr. Burwell diagnosed McDonnell with degenerative joint disease of the right ankle with tendonitis and treated the ankle with a cortisone shot. McDonnell retired on August 31, 2007, and applied for non-duty related disability on October 12, 2007, due to her ankle pain and swelling. McDonnell underwent an independent medical evaluation by Dr. Phillip J. Blount, an orthopedic specialist. In his assessment, Dr. Blount stated that McDonnell had bilateral osteoarthritis in her ankles. He submitted that continuing to work as a teacher posed no additional risk to her condition. Dr. Leavengood wrote a letter, in response to Dr. Blount’s evaluation, agreeing that continuing to work would not worsen McDonnell’s condition; however, he opined that her pain would hinder her from performing her duties. The PERS Medical Review Board denied McDonnell’s application for non-duty related disability benefits. McDonnell appealed, and the PERS Disability Appeals Committee found that there was no evidence that McDonnell’s condition was so severe as to consider her disabled and unable to perform her duties. McDonnell appealed to circuit court which reversed PERS’s ruling and granted McDonnell disability benefits. PERS appeals. |
| Summary of Opinion Analysis: | PERS argues that McDonnell’s pain does not interfere with her duties; thus, she is not disabled within the meaning of section 25-11-113(1)(a). McDonnell’s official job description states that her job requires “5% sitting, 10% walking, and 85% standing.” The PERS “Employer’s Certification of Job Requirements” also noted that the job required continuous walking and standing. In the PERS form that McDonnell filled out, she stated that she had missed thirty-four days in the last twelve months due to her “disability.” PERS argues that McDonnell’s “subjective complaint of pain” was not supported by “objective medical evidence” that her pain is disabling. However, there is nothing in the record to support this conclusion. Objective medical evidence recognizing McDonnell’s pain was well-documented in the record. The Committee contended that McDonnell’s “disease [was] not severe,” a finding that it admitted was contrary to the majority of the medical opinions presented. Furthermore, the Committee strongly relied on non-medical conclusions in supporting its denial, such as the fact that McDonnell did not complete her physical therapy relating to an earlier condition, and her failure to “help herself” by controlling her weight and requesting accommodation. There was undisputed testimony that the accommodations requested by the Committee were not adequate for the performance of the job. PERS’s denial of non-duty related disability benefits to McDonnell was not supported by substantial evidence. |
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