PERS v. Warner

983 So. 2d 342, 2008 WL 567287
CourtCourt of Appeals of Mississippi
DecidedMarch 4, 2008
Docket2007-SA-00101-COA
StatusPublished
Cited by1 cases

This text of 983 So. 2d 342 (PERS v. Warner) 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. Warner, 983 So. 2d 342, 2008 WL 567287 (Mich. Ct. App. 2008).

Opinion

983 So.2d 342 (2008)

PUBLIC EMPLOYEES' RETIREMENT SYSTEM APPELLANT, Appellant,
v.
Arlene WARNER, Appellee.

No. 2007-SA-00101-COA.

Court of Appeals of Mississippi.

March 4, 2008.
Rehearing Denied June 3, 2008.

*343 Mary Margaret Bowers, attorney for appellant.

Willie T. Abston, Jackson, Wendy Schenique Wilson, attorneys for appellee.

Before KING, C.J., ROBERTS and CARLTON, JJ.

ROBERTS, J., for the Court.

SUMMARY OF THE CASE

¶ 1. The Public Employees' Retirement System (PERS) appeals the Hinds County Circuit Court's judgment to overturn the PERS Board of Trustees's (Board) decision that denied disability benefits to Arlene Warner. On appeal, PERS claims: (1) the circuit court erred when it declined to dismiss Warner's appeal because Warner never filed a brief with the circuit court, (2) the circuit court impermissibly re-weighed the facts of the case and substituted its opinion for that of the factfinder, and (3) the Board's decision was *344 proper as it was supported by substantial evidence. After careful consideration within the bounds of our mandatory standard of review, we must conclude that the circuit court committed reversible error when it re-weighed the evidence and reversed an administrative decision that was based on substantial evidence. Accordingly, we reverse the circuit court's judgment and reinstate the Board's decision.

FACTS

¶ 2. In October 1995, Warner began working as a secretary at Robert Lewis Middle School in the Natchez-Adams school district. Approximately five years later, Warner began to complain of pain in her hands. In an attempt to accommodate Warner, the school district transferred her to the Natchez High School. Warner continued to complain of pain in her hands. The school district again attempted to accommodate Warner when it transferred her to the Central Alternative School.

¶ 3. Warner's family physician referred Warner to Dr. J.H. Fairbanks. On April 4, 2001, Warner had her first appointment with Dr. Fairbanks. Dr. Fairbanks diagnosed Warner with bilateral carpal tunnel syndrome. Approximately three weeks later, Dr. Fairbanks performed a "bilateral carpal tunnel release." Incident to Warner's May 8, 2001, appointment, Dr. Fairbanks noted that Warner was not experiencing symptoms of carpal tunnel syndrome. Therefore, Dr. Fairbanks released Warner to return to work with no restrictions.

¶ 4. Dr. Fairbanks's medical records incident to Warner's June 5, 2001, appointment indicate that, as of that date, Warner had returned to full-time work. Dr. Fairbanks noted that Warner complained of pain, but Dr. Fairbanks was of the opinion that Warner's pain was from overuse of her hands. Dr. Fairbanks opined that activity would help Warner get better faster. Dr. Fairbanks also opined that Warner's pain would diminish over time. On July 9, 2001, Dr. Fairbanks assigned Warner a 0% impairment rating, assessed no work limitations, and released her from his care.

¶ 5. Approximately eleven months later, Warner had an appointment with Dr. Shelby Brantley at Plastic & Hand Surgery Associates, PLLC in Jackson, Mississippi. Warner complained of numbness and tingling in both hands. Dr. Brantley thought that Warner's history was consistent with persistent carpal tunnel syndrome. Dr. Brantley did not think that steroid injections, splints, or "nonsteroids" would help.

¶ 6. Dr. Brantley recommended surgery to explore Warner's problems and "epidural releases around the median nerve." Dr. Brantley informed Warner that there was a small chance that she would be totally relieved of her pain, but it was a reasonable chance of improvement. Dr. Brantley also opined, "this is work related and she has not achieved maximum medical improvement and a permanent impairment rating cannot be signed at this juncture." On two separate dates, Warner again underwent carpal tunnel surgery. On September 30, 2002, Dr. Brantley released Warner to return to regular duty at work. Dr. Brantley saw Warner once in October 2002 and once in November 2002. Warner complained of numbness in her left hand, but Dr. Brantley could not determine the cause of Warner's complaints. Again, Dr. Brantley told Warner she could return to work.

¶ 7. Dr. Brantley continued to treat Warner throughout January 2003. During February 2003, Dr. Brantley noted that he had done all he could for Warner. Dr. Brantley referred Warner to Dr. Carroll McLeod, a "pain specialist."

*345 ¶ 8. Warner last worked during February 2003. She first saw Dr. McLeod in March 2003. Dr. McLeod administered a nerve block. Two weeks later, Warner returned to Dr. McLeod as scheduled. Warner continued to complain of pain, so Dr. McLeod performed another ganglion block. In early April 2003, Maureen Hardy, a physical therapist, performed a functional capacity evaluation on Warner at the Hand Management Center within St. Dominic's Memorial Hospital in Jackson, Mississippi. Hardy recorded her findings and forwarded them to Dr. Brantley.[1]

¶ 9. Dr. McLeod performed an additional "stellate ganglion block" and a "Bretylium bier block" in April 2003. In May 2003, Dr. McLeod performed a final Bretylium block. Because Warner had not worked since February 2003, on May 17, 2003, the Natchez-Adams School District terminated Warner's employment. On May 28, 2003, Dr. McLeod noted his concern about Warner's complaints of ongoing pain without any objective evidence of an ongoing problem. In any event, Dr. McCleod released Warner with no restrictions.

PROCEDURAL HISTORY

¶ 10. On July 23, 2003, Warner applied for disability benefits with PERS. PERS requested an independent medical review. In September 2003, Warner saw Dr. David Collipp, at PERS's request. Dr. Collipp concluded that Warner would be capable of full-time data entry within eight weeks of that appointment. Dr. Collipp also concluded that Warner no longer had carpal tunnel syndrome.

¶ 11. In November 2003, the PERS Medical Board found insufficient evidence to support Warner's claim that carpal tunnel syndrome prevented her from performing her employment duties. Warner appealed to the PERS Disability Appeals Committee (Appeals Committee). The Appeals Committee recommended that the Board affirm the Medical Board's decision to deny benefits. The Board followed the Appeals Committee's recommendation. Warner then appealed to the Hinds County Circuit Court. On December 6, 2006, the circuit court reversed the Board's decision. According to the circuit court, the Board's decision was not supported by substantial evidence. Aggrieved, PERS appeals.

STANDARD OF REVIEW

¶ 12. We conduct a limited review of an administrative agency's decision. Pub. Employees' Ret. Sys. v. Howard, 905 So.2d 1279, 1284(¶ 13) (Miss.2005). We leave an agency's decision undisturbed unless the agency's decision: "(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. (Citation omitted).

ANALYSIS

I. WHETHER THE CIRCUIT COURT ERRED WHEN IT OVERRULED PERS'S MOTION TO DISMISS WARNER'S APPEAL.

¶ 13. On May 14, 2004, Warner filed her notice of appeal with the circuit court. On October 7, 2004, Warner filed a document titled, "Arlene Warner's Appeal and Response to the Board of Trustees of the Public Employees' Retirement System's Proposed Statement of Facts, Conclusions *346 of Law and Recommendation."[2] Nineteen days later, PERS filed a motion to dismiss Warner's appeal.

¶ 14.

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Bluebook (online)
983 So. 2d 342, 2008 WL 567287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pers-v-warner-missctapp-2008.