DeCastris v. State Employees Retirement System

Procedural entryThis page is a short order in DeCastris v. State Employees Retirement System. Read the opinion of the Court — 288 Ill. App. 3d 136
Appellate Court of Illinois·Decided May 2, 1997·No. 4-96-0632·Published

Opinion

                              NO. 4-96-0632

                         IN THE APPELLATE COURT

                               OF ILLINOIS

                             FOURTH DISTRICT

VALERI DECASTRIS,                       )    Appeal from

         Plaintiff-Appellant,          )    Circuit Court of

         v.                            )    Sangamon County

THE STATE EMPLOYEES RETIREMENT          )    No. 95MR325

SYSTEM OF ILLINOIS, and MICHAEL         )

MORY, as Executive Secretary,           )    Honorable

         Defendants-Appellees.         )    Donald M. Cadagin,

                                       )    Judge Presiding.

         PRESIDING JUSTICE STEIGMANN delivered the opinion of

the court:

         In March 1994, plaintiff, Valeri DeCastris, an employee

of the State Department of Public Health (DPH), filed a claim for

nonoccupational disability benefits (40 ILCS 5/14-124 (West

1994)) with defendant State Employees Retirement System of

Illinois (SERS).  In October 1995, the SERS Board of Trustees

(Board) concluded that plaintiff had not shown that she was

suffering from a disabling condition and denied her claim.  In

November 1995, plaintiff sought administrative review of the

Board's decision, and in July 1996, the circuit court affirmed.  

         Plaintiff appeals, arguing that the circuit court's

order affirming the Board's decision was against the manifest

weight of the evidence.  We agree and reverse and remand with

directions.

                              I. BACKGROUND

         The underlying facts in this case are undisputed.  DPH

employed plaintiff as a sanitarian II (toxicologist) from March

1992 through February 1994.  Her supervisor described her duties

as involving the "review and interpretation of the environmental

and health data with the purpose of discerning whether an expo-

sure to chemical or physical agents may result in harm to human

or nonhuman life."  Plaintiff handled telephone inquiries regard-

ing exposure to chemicals or physical agents, and she worked out

of the office (field work) approximately two or three times per

month.  With the exception of the field work, plaintiff primarily

had a "sitting job."  The field work varied from a few minutes to

collect a sample to several days to collect multiple samples.

The field work occasionally required plaintiff to carry sampling

equipment, coolers, or bottles of water.  Her duties also re-

quired her to use a computer and write and interpret scientific

data.  Her supervisor testified that a person who was incapaci-

tated in some "intangible nonphysical way" would have difficulty

performing plaintiff's job.

         In the spring of 1994, plaintiff submitted medical

evidence to SERS in support of her claim for nonoccupational

disability benefits.  The evidence consisted primarily of a

report from Dr. Mark Stern, a physician and rheumatologist who

had been treating her "for many years" for fibromyalgia, which he

described, in part, as "a condition which produces significant

soft tissue pain as well as a sleep disorder and irritable

bowel."   

         Dr. Stern certified plaintiff was "temporarily, totally

disabled" from both her own occupation and from any occupation.

However, he stated she could return to work in 30 days.  Dr.

Stern classified plaintiff's physical impairment as a "slight

limitation of functional activity; capable of light work."  He

stated she had full, normal range of motion in all joints and

normal muscle strength, but also noted that fibromyalgia patients

are expected to have normal laboratory test results.  He also

recommended "a disability leave to begin immediately," explaining

that fibromyalgia "is a condition that leads to chronic pain or

persistent discomfort."  

         On July 22, 1994, the SERS claims division sent a

memorandum to Dr. Edward G. Ference, identified in the memorandum

as "SERS Chief Medical Consultant," informing him of plaintiff's

claim and asking him to review the medical information on file

"and make a recommendation as to the existence of a disability."

         Four days later, Dr. Ference responded in a memorandum

that he recommended denial of plaintiff's claim.  Despite not

having examined--or even seen--plaintiff himself, Dr. Ference

disagreed with Dr. Stern's diagnosis of fibromyalgia.  In its

entirety, Dr. Ference's memorandum reads as follows:  

              "This employee claims disability bene-

         fits because of chronic fatigue syndrome and

         fibromyalgia.  She has a sedentary work job

         description.  She is being treated with

         Zoloft.

              Actually, she has an anxiety syndrome.

         All her laboratory findings are normal.  She

         is obese weighing 191-1/2 pounds.  (Dr. Stern

         calls this fibromyalgia.)

              The activities of daily living are much

         more stressful and require more strength than

         the job description of this employee.  I do

         not believe she is disabled from her regular

         job."  (Emphasis added.)

         Two days later, a SERS claims examiner sent plaintiff a

letter informing her that her file "ha[d] been reviewed by the

[SERS'] medical director" and that SERS was temporarily denying

her claim (pending review by the SERS Executive Committee (here-

after the Committee)) because "it is the [SERS'] opinion that a

disabling condition has not been established."

         In August 1994, the same claims examiner wrote to

plaintiff that the Committee had met "and moved to deny [her]

benefits."  The examiner further informed plaintiff that "[t]his

constitutes the initial disposition" of her claim by the Commit-

tee, but she could appeal this decision and ask for a personal

appearance before the Committee.

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