Case v. PUBLIC EMPLOYEES'RETIREMENT SYSTEM

973 So. 2d 301, 2008 Miss. App. LEXIS 52, 2008 WL 170762
CourtCourt of Appeals of Mississippi
DecidedJanuary 22, 2008
Docket2006-SA-01704-COA
StatusPublished
Cited by11 cases

This text of 973 So. 2d 301 (Case v. PUBLIC EMPLOYEES'RETIREMENT SYSTEM) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Case v. PUBLIC EMPLOYEES'RETIREMENT SYSTEM, 973 So. 2d 301, 2008 Miss. App. LEXIS 52, 2008 WL 170762 (Mich. Ct. App. 2008).

Opinion

973 So.2d 301 (2008)

Cherri S. CASE, Appellant
v.
PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Appellee.

No. 2006-SA-01704-COA.

Court of Appeals of Mississippi.

January 22, 2008.

*304 George S. Luter, attorney for appellant.

Mary Margaret Bowers, attorney for appellee.

Before MYERS, P.J., BARNES and ROBERTS, JJ.

BARNES, J., for the Court.

¶ 1. Cherri Case appeals the decision of the Hinds County Circuit Court, First Judicial District, which affirmed the ruling of the Public Employees' Retirement System (PERS) Board of Trustees denying her non-work related retirement disability benefits. Case applied for disability retirement benefits based on numerous health problems, including hypertension, heart problems, fibromyalgia, and depression and anxiety. The circuit court found the decision by the PERS Board of Trustees (Trustees) was supported by substantial evidence. On appeal, Case argues that PERS's decision to deny her disability benefits is not supported by substantial evidence. While we find that PERS's decision regarding Case's physical condition is supported by substantial evidence, we cannot do the same with regard to her mental condition. Therefore, we reverse and remand for an award of disability benefits as allowed under applicable law.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶ 2. Case was employed by the Brookhaven school district as a secretary. She began working for the school district in 1971 but quit work for a time in 1982 and withdrew her retirement contributions. At the time of her application for PERS disability benefits, she had ten-and-three-quarters years of state service. Case's physical activities at work consisted primarily of clerical duties as a secretary, bookkeeper, and file clerk, which required her to operate office equipment such as computers, telephones, adding machines, copiers, and typewriters.

¶ 3. Over the span of 1995 to 2002, Case was treated by numerous physicians for a variety of medical problems. Her primary physician, Dr. Braxter P. Irby, Jr., treated Case for supraventricular tachycardia, *305 atrial fibrillation with rapid response, hypertension, osteoarthritis, fibromyalgia, hiatal hernia, and morbid obesity. Two cardiologists, Dr. Harper Stone and Dr. David Mulholland, also treated Case for hypertension and atrial fibrillation. Dr. Ken Hensarling and Dr. Linda Rockhold, both rheumatologists, treated Case for fibromyalgia and arthritis. Finally, Dr. Winston Capel treated Case for neck and arm pain associated with radiculopathy. A detailed review of Case's treatment by these physicians is presented below.

¶ 4. Both Dr. Irby and Dr. Mulholland opined that Case is permanently disabled as result of hypertension and heart problems. However, throughout Dr. Mulholland's records, he notes numerous times that Case's atrial fibrillation is under good control with medication. Dr. Irby also opined that Case is disabled due to fibromyalgia and depression while Dr. Rockhold stated that Case has no fibromyalgiarelated impairments. Neither Dr. Hensarling nor Drs. Stone or Capel submitted an opinion as to whether Case is disabled. Dr. Jo Lynn Polk, the physiatrist[1] who performed an independent medical evaluation of Case at the behest of PERS, found Case not to be disabled. The PERS Disability Appeals Committee (Committee) agreed. The Committee found that, notwithstanding the opinions of Drs. Irby and Mulholland, Case's medical records reveal that her blood pressure readings were normal on most visits to her physicians and that her heart problems were controlled by medication. The Committee further found that Case's fibromyalgia and arthritis were not disabling and that, because. Case had not been treated by a specialist for her depression, an award of disability benefits was not justified.

A. Dr. Braxter P. Irby, Jr.

¶ 5. Case's medical problems pertaining to this action began in 1995. At that time she sought treatment from Dr. Irby, a nephrologist, for what he diagnosed as supraventricular tachycardia, atrial fibrillation with rapid response, hypertension, osteoarthritis, fibromyalgia, hiatal hernia, and morbid obesity. Over the next six years, Dr. Irby saw Case on numerous occasions for symptoms associated with these diagnoses. On March 3, 1995, Case visited the emergency room at King Daughter's Hospital in Brookhaven, Mississippi, complaining of heart palpitations and weakness. It was determined that Case had supraventricular tachycardia which later slowed to atrial fibrillation with a rapid ventricular response. Case was discharged on March 7, 1995, after she converted to a normal sinus rhythm with nonspecific ST-abnormalities. Her discharge, documentation lists hypertensive cardiovascular disease, supraventricular tachycardia characterized by atrial tachycardia and atrial fibrillation with a rapid ventricular response, osteoarthritis, exogenous obesity, and a history of hiatal hernia with gastroesophageal reflux disease (GERD). Later that month, after Case visited him complaining of heart palpitations,[2] Dr. Irby conducted a Holter monitor test on Case. According to Dr. Irby, the test showed an infrequent sinus tachycardia but overall showed a fairly normal heart rate and rhythm. Dr. Irby noted at this time that he saw no reason to change *306 Case's medications. In April 1995, Dr. Irby again saw Case and noted that she had experienced an elevated blood pressure and that he did not feel that, any progress was being made from a cardiovascular standpoint. Being unable to explain why Case continued to have sinus tachycardia, he decided to send Case to a cardiologist at the Jackson Heart Clinic. He also increased her Calan SR 240 dosage at this time. In May 1995, Dr. Irby stated that he would refer Case to Dr. Ken Hensarling, a rheumatologist, in order to address Case's musculoskeletal symptoms. Case next saw Dr. Irby on May 24, 1995, at which time he noted that if her blood pressure stayed above 90 diastolic, he would alter her medical regimen.

¶ 6. On August 17, 1995, Dr. Irby noted that Case had recently experienced an episode of supraventricular tachycardia that required a visit to the emergency room; an EKG showed atrial fibrillation with a rapid ventricular response which subsequently converted back to normal sinus rhythm. Dr. Irby noted that, on that day, Case's heart had a regular rate and rhythm, and he increased her Calan SR 240 dosage in order to treat her atrial fibrillation. He also stated that he would consult with Dr. Harper Stone, a cardiologist, in order to decide how to prevent a recurrence of Case's intermittent atrial fibrillation. Dr. Irby later noted that Dr. Stone suggested that Case simply continue with the increased Calan dosage.[3]

¶ 7. Case visited Dr. Irby again on November 11, 1995, complaining of heart palpitations. Dr. Irby noted a rapid heart rate with an irregular rhythm and an EKG showing atrial fibrillation with rapid ventricular response. On May 15, 1996, Dr. Irby noted that Case had experienced no significant recent palpitations and that symptomatically she was doing as well as he had seen her in quite a while. Case was again admitted to King's Daughters Hospital in May 1997 for heart palpitations and significant cardiovascular problems. Dr. Irby transferred Case to St. Dominic's Hospital in Jackson so that she could be evaluated by Dr. Harper Stone because Dr. Irby was unable to convert Case back to a sinus rhythm. In January 1998, Dr. Irby noted that Case experienced an episode of atrial fibrillation three or four days previously but that she converted back to a normal heart rhythm simultaneously.

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Bluebook (online)
973 So. 2d 301, 2008 Miss. App. LEXIS 52, 2008 WL 170762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/case-v-public-employeesretirement-system-missctapp-2008.