Dean v. Public Emp. Retirement System

797 So. 2d 830, 2000 Miss. LEXIS 258, 2000 WL 1864480
CourtMississippi Supreme Court
DecidedDecember 21, 2000
Docket98-CT-00033-SCT
StatusPublished
Cited by25 cases

This text of 797 So. 2d 830 (Dean v. Public Emp. Retirement System) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dean v. Public Emp. Retirement System, 797 So. 2d 830, 2000 Miss. LEXIS 258, 2000 WL 1864480 (Mich. 2000).

Opinion

797 So.2d 830 (2000)

Jackie DEAN
v.
PUBLIC EMPLOYEES' RETIREMENT SYSTEM.

No. 98-CT-00033-SCT.

Supreme Court of Mississippi.

December 21, 2000.

*831 Robert Q. Whitwell, Oxford, Attorney for Appellant.

Office of the Attorney General, By Mary Margaret Bowers, Jackson, Attorney for Appellee.

EN BANC.

ON WRIT OF CERTIORARI

BANKS, Presiding Justice, for the Court:

¶ 1. We granted certiorari to consider the question whether a claimant's rights were violated by the procedures employed by the Public Employees' Retirement System of Mississippi ("PERS") in determining his claim for disability retirement. We hold that the procedure used did not comport with the governing statutes. Accordingly, we affirm the Court of Appeals, albeit on a different rationale, and we reverse the judgment of the circuit court affirming the PERS order and remand for further proceedings consistent with this opinion.

I.

¶ 2. Jackie Dean injured his back in 1994 while working as an employee in the park maintenance department of the City of Iuka. Dean underwent surgery, and his *832 physicians subsequently diagnosed him to have a permanent partial disability. One of Dean's physicians recommended a more sedentary job assignment. Dean sought reassignment by the City, but the City was unable to offer him sedentary work. Dean was also unsuccessful in his efforts to find another employer who could offer him a sedentary job.

¶ 3. In July of 1995, Dean applied to PERS for permanent disability benefits. With his application, Dean submitted written statements of his physicians on PERS Form 7 ("Statement of Examining Physician"), and copies of Dean's medical record were attached to these statements. PERS notified Dean that its Medical Board had found "insufficient objective medical evidence" in his application to support a claim for benefits.

¶ 4. Dean notified PERS that he would appeal this denial. PERS informed Dean that its Medical Board recommended a medical examination by a physician of its choice. PERS further advised Dean that PERS had made an appointment for him with Dr. Rahul Vohra. Dean was told that PERS would pay $200 of Dr. Vohra's examination fee. It so happens that Dr. Vohra was also a member of the Medical Board of PERS.

¶ 5. Dr. Vohra saw Dean on January 23, 1996, and Dr. Vohra thereafter submitted an opinion that Dean's condition did not support the application for disability benefits. The full Medical Board concurred, and a second denial of Dean's application was issued. Dean was advised that he could appeal this decision to the PERS Board of Trustees.

¶ 6. Dean, through his attorney, requested an administrative hearing on his application, and he fortified his position by submitting additional favorable medical evaluations. By letter of July 30, 1996, PERS advised Dean that the Board of Trustees had recently established a fiveperson committee to serve as "Hearing Officers" in appeals of decisions regarding disability benefits. The letter explained that the committee would consist of two members of the Medical Board, two members of the PERS Board of Trustees, and one attorney.

¶ 7. On November 25, 1996, the Disability Appeals Committee conducted a hearing to review Dean's claim. Sitting on the committee were Dr. Vohra and Dr. Michael Winkelmann, members of the PERS Medical Board. Also sitting on the committee were two members of the PERS Board of Trustees, and an assistant attorney general acting as the presiding hearing officer. After testimony and documentary evidence were presented, the Disability Appeals Committee rendered its Proposed Statement of Facts, Conclusions of Law, and Recommendation of November 26, 1996. The committee found insufficient medical evidence to support Dean's claim, and recommended that the PERS Board of Trustees affirm its Medical Board's decision to deny disability benefits to Dean. The PERS Board of Trustees rendered an order which adopted the proposed statement of facts, conclusions of law and recommendation of its Disability Appeals Committee.

¶ 8. Dean appealed the adverse order of the Board of Trustees to the Hinds County Circuit Court. The circuit court employed the substantial evidence standard to affirm the decision of the administrative agency. The circuit court essentially rejected the argument that Dean was denied procedural due process because members of the Medical Board sat in review of their own recommendation as members of the Disability Appeals Committee.

¶ 9. The Court of Appeals, in reversing the circuit court's decision, found that a *833 conflict of interest existed in the administrative process, and that Dean's constitutional rights of due process were violated as a result. The Court of Appeals reasoned that, by evaluating Dean and then sitting on the Medical Board and also on the Disability Appeals Committee, Drs. Vohra and Winkelmann were "sitting in judgment of their own conclusions." Presiding Judge Southwick, concurring in part and dissenting in part in a separate opinion joined by Chief Judge McMillin, found no due process error in the initial review of Dean's claim by the Medical Board. Judge Southwick determined, however, that reversal was necessary because Drs. Vohra and Winkelmann were by statute not eligible to sit on the Disability Appeals Committee. The Court of Appeals remanded the case with instructions to the circuit court to remand to PERS for a review consistent with its majority opinion.

¶ 10. Although we concur in the result reached by our intermediate appellate court, we have granted review because the Court of Appeals has rendered an opinion which appears to conflict with prior opinions of this Court. M.R.A.P. 17(a)(1). Because the decisive issue at the Court of Appeals was the degree of due process which must be afforded by a state agency, we deem this case requires our decision. A determination of this appeal involves questions of law, and we review such questions de novo. Radmann v. Truck Ins. Exch., 660 So.2d 975, 977 (Miss. 1995).

II.

¶ 11. PERS has framed the issues as follows:

I. WHETHER THE LAWS GOVERNING THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM PROVIDE THE MEDICAL BOARD THE AUTHORITY TO CONDUCT A MEDICAL EVALUATION OF A CLAIMANT PRIOR TO RENDERING A DECISION EITHER GRANTING OR DENYING DISABILITY BENEFITS; AND,
II. WHETHER THE PRESENCE OF A MEDICAL BOARD MEMBER AT THE DISABILITY APPEALS COMMITTEE HEARING CREATES AN UNFAIR CONFLICT OF INTEREST IN VIOLATION OF DEAN'S RIGHTS OF DUE PROCESS.

A.

¶ 12. Our review of decisions by administrative agencies is limited. We will reverse only when an agency's decision is (1) unsupported by substantial evidence, (2) arbitrary and capricious, (3) beyond the powers of the Board to make, or (4) in violation of a statutory or constitutional right of the complaining party. Sprouse v. Mississippi Employment Sec. Comm'n, 639 So.2d 901, 902 (Miss.1994).

¶ 13. This case turns on whether the PERS procedures violated Dean's statutory or constitutional rights. More specifically, the case turns on the involvement of two doctors, Vohra and Winkelmann, in an administrative procedure which resulted in denial of disability benefits to Dean. The doctors were involved at two levels of the proceeding, first in the investigation and initial determination of the claim, and second as hearing officers to make a recommended decision concerning the claim.

¶ 14. Our rule of decisions is to abstain from ruling on a constitutional issue, unless necessary to a disposition of the case. Johnson v. Memorial Hosp.,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dr. Michael Molleston v. River Oaks Hospital, Inc.
195 So. 3d 815 (Court of Appeals of Mississippi, 2015)
Laughlin v. Public Employees' Retirement System
11 So. 3d 154 (Court of Appeals of Mississippi, 2009)
PUBLIC EMPLOYEES'RETIREMENT SYSTEM v. Dean
983 So. 2d 335 (Court of Appeals of Mississippi, 2008)
MISS. REAL ESTATE APPRAISER v. Schroeder
980 So. 2d 275 (Court of Appeals of Mississippi, 2007)
Partnership for a Healthy Mississippi v. State ex rel. Barbour
958 So. 2d 790 (Mississippi Supreme Court, 2007)
In Re Hood Ex Rel. State Tobacco Litigation
958 So. 2d 790 (Mississippi Supreme Court, 2007)
Flowers v. PERS
952 So. 2d 972 (Court of Appeals of Mississippi, 2006)
Healthy Mississippi v. State of Mississippi
Mississippi Supreme Court, 2006
PERS v. Stamps
898 So. 2d 664 (Mississippi Supreme Court, 2005)
Kitchens v. Jerry Vowell Logging
874 So. 2d 456 (Court of Appeals of Mississippi, 2004)
PERS v. Smith
880 So. 2d 348 (Court of Appeals of Mississippi, 2004)
PERS v. Allen
834 So. 2d 50 (Court of Appeals of Mississippi, 2002)
Freeman v. PERS OF MISSISSIPPI
822 So. 2d 274 (Mississippi Supreme Court, 2002)
Bay St. Louis Community Association v. Com'n on Marine Res.
808 So. 2d 885 (Mississippi Supreme Court, 2001)
PUBLIC EMP. RETIREMENT SYSTEM v. Dishmon
797 So. 2d 888 (Mississippi Supreme Court, 2001)
Byrd v. PUBLIC EMPLOYEES'RETIREMENT SYSTEM
774 So. 2d 434 (Mississippi Supreme Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
797 So. 2d 830, 2000 Miss. LEXIS 258, 2000 WL 1864480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-public-emp-retirement-system-miss-2000.