Bradley v. Ky. Ret. Sys.

567 S.W.3d 114
CourtMissouri Court of Appeals
DecidedNovember 1, 2018
Docket2017-SC-000275-DG
StatusPublished
Cited by9 cases

This text of 567 S.W.3d 114 (Bradley v. Ky. Ret. Sys.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradley v. Ky. Ret. Sys., 567 S.W.3d 114 (Mo. Ct. App. 2018).

Opinion

OPINION OF THE COURT BY JUSTICE HUGHES

Appellant Veronica Bradley, a member of the Kentucky Retirement Systems (KERS),1 was denied disability retirement benefits by the KERS Board. Although the circuit court reversed the Board on judicial review, the Court of Appeals concluded that the standard for judicial reversal of the Board's decision in disability retirement cases had not been met and thus reversed and remanded for reinstatement of the Board's final decision denying Bradley's claim. On discretionary review, Bradley challenges the standard of judicial review set forth in the oft-cited McManus v. Kentucky Retirement Systems, 124 S.W.3d 454 (Ky. App. 2003), and expressly adopted by this Court in Kentucky Retirement Systems v. Brown, 336 S.W.3d 8 (Ky. 2011), as inconsistent with the disability retirement provisions of Kentucky Revised Statutes (KRS) Chapter 61 and administrative law provisions of KRS Chapter 13B, and as "inappropriate" for disability retirement cases.

Today, in Kentucky Retirement Systems v. Ashcraft, 2017-SC-000345-DG, we reiterate the propriety of the McManus standard, while acknowledging that courts *116should make a threshold determination as to whether the Board's order is supported by substantial evidence as required by KRS 61.665(3)(d) before considering whether the applicant's proof was so compelling that it meets the high bar set by McManus. In this case, we restate the consistency of our approach with controlling statutes and conclude that the "inappropriateness" identified by Bradley is essentially a request to redesign the disability retirement process, something we are not at liberty to do. In addition to these general issues, Bradley maintains the Board's decision was not supported by substantial evidence and that the uncontradicted objective medical evidence proves she was disabled due to Lyme disease for twelve continuous months following her last day of paid employment. We disagree with Bradley on both counts and find that she has not met the standard for judicial reversal of the administrative decision by the Board, the fact-finder in the statutory process adopted by our General Assembly.

RELEVANT FACTS

Bradley worked for the Kentucky Auditor of Public Accounts from June 1, 1999, until December 31, 2010. After obtaining her CPA license in November 2000, she steadily advanced in the agency and eventually attained the supervisory position of Public Accounts Auditor V-IT. Her duties involved supervising junior staff, audit testing, data analysis, drafting reports, and training, all of which required strong intellect, skills, and mental stamina.

In early 2009, Bradley had increasing difficulty in meeting the demands of her job, which marked the beginning of several mysterious health problems and symptoms, including constant pain, confusion, and difficulties in comprehension and communication. Bradley's job performance began to steadily decline, eventually leading to relief from her supervisory duties.

On May 23, 2010, Bradley applied for KERS disability retirement benefits due to the physical and mental effects of Lyme disease, which she claimed had remained dormant from a tick bite in 2004. She also alleged she suffered from fibromyalgia, fatigue, and anxiety. Bradley submitted evidence, which was reviewed by three medical review board physicians and denied by all on August 13, 2010. The physicians found no compelling objective evidence of a cognitive abnormality or any evidence that Bradley had a functional incapacity for her sedentary job.

Bradley again applied for disability benefits by submitting supplemental medical evidence through December 8, 2010. The second claim included notes from an infectious disease specialist and a neuropsychological evaluation, suggesting that Bradley has some problems with cognitive functioning. Two of the three reviewing physicians denied the claim, stating that there was no evidence of a physical disability that would prevent Bradley from performing work duties. The physicians also disagreed that Bradley truly suffered from chronic disseminated Lyme disease. The third physician recommended that Bradley's case be placed on hold until the neuropsychological evaluations could be reviewed by another physician. The claim was ultimately denied on January 20, 2011. On March 7, 2011, Bradley requested an administrative hearing.

An administrative hearing was conducted on July 24, 2012. At this point, Bradley's application for disability benefits alleged diagnoses of chronic disseminated Lyme disease and fibromyalgia. At the administrative hearing, she testified that her claim was also based on fatigue and anxiety. Further, her objective medical evidence also set out a diagnosis of major *117depressive disorder. In his findings of fact and conclusions of law, the hearing officer determined that Bradley did not prove by a preponderance of the evidence that her anxiety was not a result of a pre-existing condition. Nor did Bradley prove that the fibromyalgia had resulted in permanent incapacity for her employment. However, the hearing officer found Bradley successfully proved by objective medical evidence that her conditions of Lyme disease, fatigue, and major depressive disorder physically and mentally incapacitated her on a permanent basis, and therefore prevented her from performing her job duties. The hearing officer recommended approval of Bradley's application for disability retirement benefits as to the Lyme disease, fatigue, and major depressive disorder on October 23, 2012.

KERS filed exceptions to the hearing officer's recommendation, and on December 17, 2012, the Disability Appeals Committee (DAC) of the Board of Trustees of Kentucky Retirement Systems (Board) remanded the case to the hearing officer for additional findings. Specifically, the DAC ordered that Bradley undergo definitive diagnostic testing for Lyme disease and an evaluation of her cognitive function.

After delays in medical testing, rescheduling, and telephonic status conferences, the hearing officer ultimately held another evidentiary hearing on October 14, 2014. During the hearing, Bradley submitted medical records from Dr. Lentz, a Lyme disease specialist, and a report from Dr. Price, a clinical neuropsychologist. Dr. Lentz supported Bradley's Lyme disease diagnosis, even though the blood test she conducted was negative for Lyme disease. Despite the results, Dr. Lentz reported that Bradley's continuing cognitive impairment was an effect of Lyme disease and doubted that Bradley would ever regain the sharp intellect she enjoyed before the onset of Lyme disease. Dr. Price reported that Bradley maintains normal cognitive functioning and did not find any cognitive or emotional limitations in Bradley's ability to work.

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Bluebook (online)
567 S.W.3d 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-ky-ret-sys-moctapp-2018.