Pub. Employees' Retirement Sys. v. Collins
| Docket Number: | 2010-SA-01671-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-13-2011 Opinion Author: Roberts, J. Holding: Reversed and rendered. |
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| Additional Case Information: |
Topic: Disability benefits - Medical testimony Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Ishee, Maxwell and Russell, JJ. Non Participating Judge(s): Myers, J. Dissenting Author : Irving, P.J., and Carlton, J. 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: 02-03-2010 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: REVERSED FINDING OF NO DISABILITY Case Number: 251-09-071CIV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Public Employees' Retirement System |
JANE L. MAPP, MARY MARGARET BOWERS, KATHERINE LESTER TRUNDT |
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| Appellee: | William Collins | MATTHEW STEPHEN LOTT, HANSON DOUGLAS HORN | ||
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 - Medical testimony |
| Summary of the Facts: | William Collins worked for International Paper for twenty-five years. When the International Paper plant shut down, Collins began working for the Jackson County School District as a maintenance worker. During April 2006, Collins underwent his first angioplasty procedure, during which two stents were used to improve blood flow to Collins’s heart. In July 2007, Collins injured his back at work while installing cabinets. He later underwent physical therapy. During his sessions, he complained of lower back pain and pain in his leg and knee. Collins was released from physical therapy in December 2007. In 2008, Collins underwent another angioplasty procedure. In May 2008, Collins underwent a Perfusion Study of his heart, which returned positive results. When Collins returned to his cardiologist and reported fatigue, his cardiologist noted there were no negative indications on the treadmill or scan. Following the stent, Collins reported that his chest pain was resolved, but he experienced shortness of breath and fatigue. Collins applied for non-duty related disability based on coronary artery disease. When his employment ended on June 30, 2008, Collins had five and one half years of service credit. The PERS Medical Board denied Collins’s disability claim. Collins appealed, and the PERS Disability Appeals Committee recommended that the Board of Trustees deny Collins’s claim. The Board accepted the Committee’s recommendation and adopted its findings of fact and conclusions of law. Collins appealed, and the circuit court reversed the Committee’s decision. PERS appeals. |
| Summary of Opinion Analysis: | During the hearing before the Committee, one physician member of the committee noted that Collins’s medical records demonstrated Collins did not have permanent damage to his heart and the stents had restored blood flow to Collins’s heart. That Committee member concluded Collins “could do whatever [he] wanted to do at this point in time.” Another physician member of the Committee noted that Collins’s most recent evaluation by a cardiologist indicated Collins had a “clean bill of health with regard to [his] heart.” None of the medical professionals involved with Collins’s treatment and the review of his claim were able to explain Collins’s symptoms. Based on the record, there was substantial evidence to support the Committee’s conclusion. |
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