PERS v. Dozier

995 So. 2d 136, 2008 WL 4634755
Court of Appeals of Mississippi·Decided October 21, 2008·No. 2007-SA-01432-COA·Published·Cited by 4 cases

Opinion

995 So.2d 136 (2008)

PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Appellant,
v.
Joyce DOZIER, Appellee.

No. 2007-SA-01432-COA.

Court of Appeals of Mississippi.

October 21, 2008.

*137 Mary Margaret Bowers, attorney for appellant.

George S. Luter, attorney for appellee.

Before KING, C.J., BARNES and ISHEE, JJ.

KING, C.J., for the Court.

¶ 1. Joyce Dozier applied for disability and retirement benefits with the Public Employees' Retirement System (PERS). PERS denied Dozier's application, stating that there was insufficient objective evidence to support Dozier's claim that her medical condition prevented her from performing her duties as a teacher. Aggrieved, Dozier appealed this decision to the Circuit Court of the First Judicial District of Hinds County. The circuit court reversed and remanded the case, stating that PERS's decision was not supported by substantial evidence and was arbitrary and capricious. PERS now appeals this judgment, raising the following issue on appeal:

Whether the circuit court erred by reversing PERS's decision to deny Dozier's claim for disability benefits, finding that PERS's decision was not supported by substantial evidence and was arbitrary and capricious.

Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. Dozier was employed as a school teacher and a bus driver for the Lee County Schools for more than twenty-three years. As a school teacher, Dozier taught ninth through twelfth grade students in the school's work program. Her duties included teaching life skills classes, finding jobs for the students, supervising the students, and locating potential employers.

¶ 3. Dozier had a history of health problems, primarily from diabetes, hypertension, and cellulitis of the abdomen. Due to her health problems, Dozier missed ninety-one days of work between August 7, 2002, and January 13, 2003. On October 23, 2002, Dozier attempted to work, but she could not finish out the day because she became lightheaded; her speech was slurred; and she ultimately passed out at work. On January 15, 2003, Dozier filed a claim for disability and retirement benefits. Johnny Green, the Lee County School District Superintendent, submitted an "Employer's Certification of Job Requirements" form that stated that Dozier seemed motivated toward continuing employment. However, Green stated that Dozier could no longer perform the duties of her job because she was unable to report to work. Green also stated that Dozier had not been offered another job without a material reduction in compensation or a change in location. On September 5, 2003, PERS denied Dozier's claim, stating that there was insufficient objective evidence to support a finding that her medical condition prevented her from performing her job.

¶ 4. Dozier appealed to the PERS disability appeals committee. During the hearing, Dozier testified that she suffered from diabetes, cellulitis of the abdomen, fibromyalgia, pancreatitis, thyroid problems, kidney problems, and bowl obstruction. Dozier learned that she was diabetic on August 15, 2001, and a host of other *138 problems followed. Dozier had four surgeries from June 2002 to August 2002 due to cellulitis and staph infection from a hysterectomy incision. Dozier testified that she never recovered after the surgeries and had no strength, which precluded performance of daily activities.

¶ 5. Dozier also testified that she applied for social security benefits, and Dr. Steven Easley evaluated her and recommended that she be found to be disabled. In addition to Dozier's testimony, the disability appeals committee reviewed physicians' reports from Dr. Kerry Morgan and Dr. Steve Richey. PERS also obtained independent medical evaluations performed by Dr. Laura Gray and Dr. Mark McLain. After reviewing the evidence, the disability appeals committee recommended that the Board of Trustees deny Dozier's claim, stating that based on the opinions of Dr. Morgan and Dr. Easley, there was insufficient objective evidence to support a finding of disability. The Board of Trustees adopted the recommendation and denied Dozier's claim for disability benefits.

¶ 6. Thereafter, Dozier appealed to the Circuit Court of Hinds County. The circuit court reversed PERS's decision, finding that it was not supported by substantial evidence and was arbitrary and capricious. PERS now appeals this judgment and argues that the circuit court impermissibly substituted its judgment for that of PERS and that PERS's denial of Dozier's claim for disability is supported by substantial evidence and is neither arbitrary nor capricious.

ANALYSIS

¶ 7. When reviewing the decision of an administrative agency, this Court applies the same standard of review that the circuit court is required to follow in its appellate capacity. Pub. Employees' Ret. Sys. v. Wright, 949 So.2d 839, 842-43(¶15) (Miss.Ct.App.2007). The reviewing court may not substitute its judgment for that of the agency rendering the decision and may not reweigh the facts on appeal. Pub. Employees' Ret. Sys. v. Marquez, 774 So.2d 421, 425(11) (Miss.2000) (citations omitted). The administrative agency's decision should not be disturbed on appeal unless it "1) is not supported by substantial evidence, 2) is arbitrary or capricious, 3) is beyond the scope or power granted to the agency, or 4) violates one's constitutional rights." Id.

Whether the circuit court erred by reversing PERS's decision to deny Dozier's claim for disability benefits, finding that PERS's decision was not supported by substantial evidence and was arbitrary and capricious.

¶ 8. PERS argues that the circuit court impermissibly reweighed the evidence and substituted its judgment for that of PERS. PERS maintains that its decision to deny Dozier's claim for disability benefits was supported by substantial evidence and was neither arbitrary nor capricious because the objective evidence in the record was insufficient to establish disability. We find that PERS's decision to deny Dozier's claim for disability benefits was not supported by substantial evidence and was, therefore, arbitrary and capricious. Thus, the circuit court did not err by reversing that decision.

¶ 9. On appellate review, it is this Court's job to determine if the evidence presented supports PERS's denial of Dozier's claim for disability benefits. See Howard v. Pub. Employees' Ret. Sys., 971 So.2d 622, 626(10) (Miss.Ct.App.2007) (citations omitted). "Substantial evidence has been defined as evidence which affords a substantial basis of fact from which the fact in issue can be reasonably inferred." Pub. Employees' Ret. Sys. v. Dearman, 846 So.2d 1014, 1016(7) (Miss.2003) (citing *139 Davis v. Pub. Employees' Ret. Sys., 750 So.2d 1225, 1233(24) (Miss.1999)). PERS denied Dozier's application for disability retirement benefits pursuant to Mississippi Code Annotated section 25-11-113(1)(a) (Rev.2006), which provides that a state employee may be retired by the board of trustees, after a medical examination, provided that the medical board certifies that the employee is mentally or physically incapacitated for the further performance of duty. Disability is defined as "the inability to perform the usual duties of employment or the incapacity to perform such lesser duties ... without material reduction in compensation...." Id. In making its finding of disability, "PERS is re

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PERS v. Dozier, 995 So. 2d 136, 2008 WL 4634755 (Mich. Ct. App. 2008).

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