Pub. Employees' Ret. Sys. v. Howard
| Docket Number: | 2000-CC-01543-SCT Linked Case(s): 2000-CC-01543-SCT ; 2000-CC-01543-SCT ; 2000-CC-01543-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-23-2005 Opinion Author: Cobb, P.J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Disability benefits - Sufficiency of evidence - Void application - Section 25-11-113(1)(e) - Retroactive benefits - Section 25-11-113(1)(a) - Section 25-11-114(6) Judge(s) Concurring: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley and Graves, 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: 08-31-2000 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: PERS found that the Appellee was not permanently and totally disabled. The Appellee appealed to the circuit court which held that PERS’s decision was against the weight of substantial evidence and reversed the same. Case Number: 251-99-1151 (CIV) |
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| Note: | Appellee's second motion for rehearing is granted. The prior opinions are withdrawn, and this opinion is substituted therefor. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Public Employees' Retirement System |
OFFICE OF THE ATTORNEY GENERAL: MARY MARGARET BOWERS |
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| Appellee: | Marcia F. Howard | GEORGE S. LUTER |
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| Topic: | Disability benefits - Sufficiency of evidence - Void application - Section 25-11-113(1)(e) - Retroactive benefits - Section 25-11-113(1)(a) - Section 25-11-114(6) |
| Summary of the Facts: | The motion for rehearing is granted, and this opinion is substituted for the original opinion. The Public Employees’ Retirement System received an application for “line of duty” disability benefits from Marcia Howard. Howard’s application was denied by the PERS Medical Board because there was insufficient objective evidence that her medical condition prevented her from performing her duties as a teacher. Howard appealed and the PERS Disability Appeals Committee recommended that Howard be found not permanently and totally disabled. The PERS Board of Trustees approved and adopted this recommendation. Howard appealed to circuit court, which reversed the decision of the Board and awarded Howard disability status retroactively to January 1997. PERS appeals. |
| Summary of Opinion Analysis: | PERS argues that there is substantial evidence supporting its determination that Howard is not permanently disabled, as that term is defined by the statute. Clearly PERS was presented with contradictory evidence in assessing Howard’s disability status. However, it is for PERS, as the fact finder, to determine which evidence is more believable or carries the most weight. There is sufficient evidence to support PERS’s decision. The Medical Board which denied Howard’s claim was made up of three physicians. The Appeals Committee which agreed with that determination included two physicians. Sorting through voluminous and contradictory medical records, then determinating whether an individual is permanently disabled is better left to physicians, not judges. The record indicates that the Medical Board repeatedly requested that Howard submit to an additional evaluation to be performed by a physician of its choice. Howard never honored that request. Thus, it was not necessary for the Medical Board to rule on her disability status, because her refusal to provide the requested evaluation mandates that her application shall be considered void as provided by section 25-11-113(1)(e). The circuit court awarded disability status to Howard retroactively to January of 1997. If, on remand, Howard is found eligible for disability benefits, those benefits cannot be paid retroactively beyond September 1, 1997, pursuant to sections 25-11-113(1)(a) and 25-11-114(6). |
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