Gourley v. Board of Trustees of S. Dakota

289 N.W.2d 251, 1980 S.D. LEXIS 262
CourtSouth Dakota Supreme Court
DecidedFebruary 27, 1980
Docket12766
StatusPublished
Cited by16 cases

This text of 289 N.W.2d 251 (Gourley v. Board of Trustees of S. Dakota) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gourley v. Board of Trustees of S. Dakota, 289 N.W.2d 251, 1980 S.D. LEXIS 262 (S.D. 1980).

Opinions

MORGAN, Justice.

This is an appeal from a decision of the Circuit Court, Seventh Judicial Circuit, which reversed a decision of the Board of Trustees of the South Dakota Retirement System (Board), denying disability benefits to a member of the system, the respondent, Sister Mary Allan Gourley (Member). We affirm.

Member is a sixty-one year old Catholic nun who holds a bachelor’s degree in social sciences, English, and education as well as masters’ degrees in administration and guidance and counseling. The Douglas School District, Ellsworth Air Force Base, employed her in 1970 as an assistant principal at the high school. In 1975 she was promoted to the position of principal of Douglas’ junior high school.

In November of 1975 Member requested and was granted sick leave without pay. She did not return to work until April of 1976. At that time, she was relieved of her principalship. Besides the November through April absence, Member missed nineteen other days of school during the 1975-76 school year because of illness.

Following Member’s return to work, the school superintendent recommended that she be reassigned as a high school English teacher. The superintendent’s reason for changing her position was essentially that he was concerned about her health and felt that the teaching job would be less strenuous than the administrative position.

Member’s supervising principal testified at the hearing before the Board that Member’s performance as a teacher was more than satisfactory but her excessive absences were disruptive in maintaining necessary classroom continuity. He therefore recommended that her contract not be renewed for the 1977-78 school year. . Member requested him to reconsider his recommendation but he declined because, in his estimation, she was unable to handle the stress attendant with the position. He further stated that he would not recommend that she be hired as an administrator, a teacher or a substitute, either full-time or part-time.

Member was not hired for the 1977-78 school year and proceeded to initiate a grievance against the board of education of the Douglas School District. The grievance was denied because it was an improper subject for a grievance. Consequently, Member followed an alternative avenue under the school’s grievance procedure and requested a hearing before the Board. A hearing was scheduled but was never held because she withdrew her request after deciding that the superintendent was correct in determining that she was unable to perform her duties.

In August of 1977 Member filed an Application for Disability Benefits with the South Dakota Division of Retirement and Insurance. The application was denied both initially and after reconsideration. Member appealed the denial to the Board and a hearing was held on June 2, 1978. The Board also denied the application and entered findings of fact, conclusions of law and a final decision on August 14, 1978.

Member then appealed the Board’s denial to the circuit court, which reversed the Board’s decision. The circuit court determined that the Board had misinterpreted the requirements of SDCL 3-12-47(18) and that the decision was not supported by substantial evidence. The court first remanded the case to the Board for the purpose of ascertaining the degree of Member’s disability. Upon a motion for reconsideration, however, the court entered an amended order which reversed the Board’s decision and ordered that Member’s application for disability be approved. The Board appeals from the circuit court’s amended order.

[253]*253In appeals from an agency decision pursuant to the Administrative Procedures Act (SDCL 1-26), this court must make the same review of the agency’s decision as did the circuit court. Application of Mont.-Dak. Util. Co., Etc., 278 N.W.2d 189 (S.D. 1978); Piper v. Neighborhood Youth Corps, 241 N.W.2d 868 (S.D.1976). In the instant case the trial court applied the “substantial evidence” test which means such relevant and competent evidence as a reasonable mind might accept as adequate to support a conclusion. SDCL 1-26-1(8).1 This court, however, must make its review unaided by any presumption that the circuit court’s decision is correct. Vetter v. Town of Bison, 278 N.W.2d 202 (S.D.1979); Application of Mont.-Dak. Util. Co., Etc., supra.

The proper inquiry is whether there is substantial evidence on the whole record to support the Board’s findings, not whether there is substantial evidence contrary to the Board’s findings. Application of Mont.-Dak. Util. Co., Etc., supra; Application of Phillips & Sons Company, 86 S.D. 326, 195 N.W.2d 400 (1972). Thus, this court may not substitute its own judgment for the Board’s judgment as to the weight of the evidence on questions of fact and the credibility of testimony. City of Brookings v. Dept, of Environ. Prot., 274 N.W.2d 887 (S.D.1979).

The pertinent statutes which outline the criteria for establishing the existence of a disability are contained in SDCL Ch. 3-12. SDCL 3-12 — 47(18) defines “disability” or “disabled” as:

[A]ny medically determinable physical or mental impairment which prevents a member [of the South Dakota Retirement System] from performing his usual duties for his employer; or the duties of a position of comparable level for which he is qualified by education, training and experience, and excludes any condition resulting from willful, self-inflicted injury.

SDCL 3-12-98 provides further qualifications by limiting disability benefits to members who have rendered three or more years of credited service immediately, prior to becoming disabled, or who are disabled by accidental means while performing their usual duties and whose disability is expected to be “of long, continued and indefinite duration of at least one year.”

It was therefore incumbent on respondent to show (1) that she suffers from a physical or mental impairment; (2) that the impairment is medically determinable; (3) that the impairment can be expected to last at least one year; and (4) that she had at least three years of credited service prior to becoming disabled.2 The Board argues that Member must also show that the disability will prevent her from performing her usual duties as well as the duties of a position of comparable level for which she is qualified, even though the statute uses the word “or” between the two phrases.

As pointed out by the Board, Member has not challenged the ruling of the chairman at the hearing that the burden of proof was on her to show that she is entitled to disability benefits.

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Gourley v. Board of Trustees of S. Dakota
289 N.W.2d 251 (South Dakota Supreme Court, 1980)

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Bluebook (online)
289 N.W.2d 251, 1980 S.D. LEXIS 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gourley-v-board-of-trustees-of-s-dakota-sd-1980.