PERS v. Thomas

809 So. 2d 690, 2001 WL 714828
CourtCourt of Appeals of Mississippi
DecidedJune 26, 2001
Docket2000-SA-00725-COA
StatusPublished
Cited by7 cases

This text of 809 So. 2d 690 (PERS v. Thomas) 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
PERS v. Thomas, 809 So. 2d 690, 2001 WL 714828 (Mich. Ct. App. 2001).

Opinion

809 So.2d 690 (2001)

The PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Appellant,
v.
Ocenious THOMAS, Appellee.

No. 2000-SA-00725-COA.

Court of Appeals of Mississippi.

June 26, 2001.
Rehearing Denied September 4, 2001.
Certiorari Denied March 7, 2002.

*691 Mary Margaret Bowers, Attorney for Appellant.

Brian H. Neely, Tupelo, Attorney for Appellee.

Before KING, P.J., BRIDGES, THOMAS, and IRVING, JJ.

IRVING, J., for the court:

¶ 1. This appeal is from an order entered by the Circuit Court of the First Judicial District of Hinds County, Mississippi reversing the order of the Public Employees' Retirement System's Board of Trustees (PERS) that denied Ocenious Thomas disability benefits.

STATEMENT OF THE CASE

¶ 2. Mr. Thomas is a fifty-four year-old retired social studies teacher who served the Clay County Public School for twenty-nine years. He voluntarily terminated his position, according to him, due to physical ailments including, but not limited to, diabetes, loss of hearing, and memory loss. Mr. Thomas retired at the conclusion of the 1996/1997 school year, and the high school, where he taught for twenty-nine years, was closed at the end of that school year with the children being transferred to another school district for the ensuing school year. Mr. Thomas filed a claim for disability benefits on June 19, 1997. PERS's medical board denied the claim, and Mr. Thomas appealed that administrative decision to the PERS's disability appeals committee. The disability appeals committee recommended that the benefits be denied. Upon review of the record of the proceedings of the disability appeals committee, PERS's Board of Trustees accepted the recommendation of the disability appeals committee and denied Mr. Thomas's request for permanent disability benefits. As stated, the circuit court reversed PERS's decision to deny the benefits.

¶ 3. In this appeal, PERS presents three issues: (1) the court erred in re-weighing the facts and substituting its judgment for that of the administrative agency by finding that Mr. Thomas is entitled to disability benefits, (2) the court erred in declaring that the decision of the Board of Trustees of the Public Employees' Retirement System is unsupported by any evidence, and (3) the court erred in holding that the decision of the Board of Trustees of the Public Employees' Retirement System is arbitrary and capricious.

¶ 4. After careful review of the issues, we agree with the circuit court and affirm the decision of that court reversing the decision by PERS to deny the benefits.

STATEMENT OF THE FACTS

¶ 5. During the hearing before the disability appeals committee, Mr. Thomas testified that he taught at one school his entire teaching career and that his job evaluations had been good. He also testified that he was taking insulin, Lipitil, a vitamin, aspirin and other over-the-counter drugs, the names of which he could not recall. He was not taking any medication for his high blood pressure. That was being controlled by his diet. Mr. Thomas testified that he had not had any heart problems. When asked for the medical reason that prevented him from being able to work, Mr. Thomas said it was his diabetes. *692 He testified that his diabetes had gotten so bad until he would have to send to the school cafeteria two to three times a week to get something sweet to elevate his blood sugar level. He also pointed out that the stress caused him not to function well. Thomas gave this further explanation:

A. I get nervous real quick.
Q. Um-hum.
A. Kept going up and down [sugar level]. And when it [sugar level] drops, I just start sweating and getting real nervous, and just not able to perform my job, what I've been doing all the time.
Q. Okay.
A. It just got worse and worse.
Q. Okay.
A. Wasn't able to stand like I always like to stand up and teach. I find myself sitting down, and I have a hearing problem. You don't hear well sitting down as well as you would. I'm used to standing up, walking around. I just wasn't able to walk around the classroom like I formerly did.

¶ 6. During further examination, Mr. Thomas testified that he had trouble with lecturing because of memory problems, that he just could not teach with "lapsing memory." He testified that his nervousness and loss of memory was getting worse and had gotten worse over the years. Mr. Thomas also testified that he gets tired if he stands a lot and that he has a balance problem. He did admit, however, that he could probably walk around the block a couple of times and sometimes more, maybe even a mile.

¶ 7. Mr. Thomas also submitted medical records, including a report from his long-time physician, Dr. Norris Crump. In the records, Dr. Crump stated, "Mr. Thomas is certainly not physically able to continue with employment. From a medical standpoint, under no circumstances will I give Mr. Thomas a medical release for employment."

ANALYSIS OF THE ISSUES PRESENTED

¶ 8. Although PERS has assigned three separate issues, they are interrelated. Therefore, we will combine them for discussion and resolution.

¶ 9. PERS argues that the circuit court disregarded the fact that five physicians sat on the disability appeals committee to review Mr. Thomas's claim, examine his records and visually observe his testimony. This Court is bound by a standard of review which only permits it to overturn the decision of an administrative agency under the following circumstances: (1) the decision is not supported by substantial evidence, (2) the decision is arbitrary and capricious, (3) the decision is beyond the power of the administrative agency, and (4) the decision violated some statutory or constitutional right. Mississippi State Dep't of Health v. Natchez Cmty. Hosp., 743 So.2d 973, 976(¶ 10) (Miss.1999). Furthermore, a reviewing court may not substitute its own judgment in place of the agency's decision and may not reweigh the evidence. Melody Manor Convalescent Ctr. v. Mississippi State Dep't of Health, 546 So.2d 972, 974 (Miss.1989).

¶ 10. In denying Thomas's claim for disability benefits, the Board of Trustees of PERS adopted the findings and recommendation of the disability appeals committee which, based on our review of the record, made no specific findings of fact. The "Proposed Statement of Facts, Conclusions of Law and Recommendations" submitted by the disability appeals committee and adopted by the Board of Trustees of PERS is nothing more than a recitation *693 of what is contained in Thomas's medical records, a synopsis of Thomas's testimony and the following general conclusion:

There is insufficient objective evidence to support Mr. Thomas's claim that he is permanently mentally or physically incapacitated from performing his job as a school teacher. Having heard testimony, received evidence and giving due consideration to same and to the applicable law and regulations and its hearing of the appeal, the Disability Appeals Committee recommends to the Board of Trustees that the administrative determination of the PERS Medical Board denying disability benefits be affirmed. The circuit court, in overturning PERS's decision to deny disability benefits, said this:
Based upon the Court's thorough review of the record in this case, the claimant testified he was no longer able to teach due to his medical condition.

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Cite This Page — Counsel Stack

Bluebook (online)
809 So. 2d 690, 2001 WL 714828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pers-v-thomas-missctapp-2001.