Peters v. Board of Managers of Birmingham Retirement & Relief System

624 So. 2d 1367, 1993 Ala. LEXIS 799, 1993 WL 292068
CourtSupreme Court of Alabama
DecidedAugust 6, 1993
Docket1920316
StatusPublished
Cited by2 cases

This text of 624 So. 2d 1367 (Peters v. Board of Managers of Birmingham Retirement & Relief System) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peters v. Board of Managers of Birmingham Retirement & Relief System, 624 So. 2d 1367, 1993 Ala. LEXIS 799, 1993 WL 292068 (Ala. 1993).

Opinion

STEAGALL, Justice.

Cecil A. Peters applied to the City of Birmingham Retirement and Relief System (hereinafter “Retirement Board”) for an extraordinary disability allowance after he was injured in the course of his employment for the City of Birmingham. The Board of Managers of the Retirement Board denied the application. Peters filed a mandamus petition in the Jefferson Circuit Court, asking the court to vacate the Retirement Board’s decision. Following an ore tenus hearing, the trial court denied the petition. Peters appeals.

Peters worked as a heavy equipment operator for the City for 28 years; his job was classified as heavy level work. In August 1990, Peters slipped and fell into a concrete ditch during the course of his work, injuring his left knee and back. His treating physician stated that Peters was unable to return to work and referred him to an orthopedic surgeon and neurosurgeon. The City placed Peters on “injured with pay” status.

Peters began 16 weeks of “crutch and gait physical therapy” and, in September 1990, underwent arthroscopic surgery on his knee. He also applied that month for extraordinary disability benefits. Peters finished physical therapy in December 1990, but continued to suffer pain and swelling in his left knee. His therapist then recommended that he begin “work hardening” therapy, and the Retirement Board informed him that he would be taken off injured-with-pay status if he did not begin that therapy. Peters began “work hardening” therapy in January 1991, but attended only two sessions before he terminated the treatment due to continuing pain. His physician sent a letter to the City, stating that Peters was “unable or unwilling” to return to the work hardening program and recommending that Peters take a medical retirement.

Peters thereafter applied for extraordinary benefits under Ala.Acts 1973, Act No. 1272 (“The Pension Act”), Art. VI, § 8, which provides that a municipal employee is enti-[1369]*1369tied to extraordinary benefits if he becomes “totally disabled to perform his customary duties by reason of personal injury received as a result of an accident arising out of and in the course of the employment in the Service and occurring at a definite time and place.” Act No. 1272 at 2142-43. At the subsequent hearing on Peters’s petition for extraordinary benefits, the City recommended that the Retirement Board deny the petition because Peters had not cooperated with his work hardening therapy. Kelly Roswell, Peters’s therapist, testified that Peters exhibited over-exaggerated signs of pain during preliminary portions of the therapy. She also testified that Peters refused to perform exercises that might enable him to return to work to perform at least medium level work, if not to his previous level of heavy labor. The Retirement Board subsequently denied extraordinary benefits for Peters.

Peters thereafter underwent a second arthroscopic examination by Dr. Carter Slap-pey, an orthopedic surgeon. Dr. Slappey found that there was still torn cartilage in the back of Peters’s knee that would cause him continued pain and prevent him from participating in work hardening therapy. Dr. Slappey performed arthroscopic surgery on the knee.

Peters thereafter appealed to the circuit court from the Retirement Board’s denial of extraordinary benefits. For the first time, the City argued that Peters’s inability to cooperate with rehabilitation was due to a number of pre-existing medical problems and not his on-the-job knee injury. The City presented a letter from Peters’s former physician listing 17 past and present medical problems Peters suffered, including a heart attack in 1979 and a broken right knee. The City also submitted a letter from a second physician who recommended retirement status based on these medical problems. The evidence also included a medical report from a third doctor in which he stated that, in his opinion, there was “no doubt” that Peters had a pre-existing chronic problem with his left knee at the time of the on-the-job injury. In rebuttal, Peters submitted Dr. Slappey’s deposition testimony in which the doctor opined that Peters’s continued complaints of pain and inability to perform work hardening therapy were attributable to the torn cartilage that remained from the on-the-job injury.

In its subsequent order affirming the Retirement Board’s denial of benefits, the trial court stated its standard of review:

“This is not a de novo review and the Court may not substitute its judgment for the judgment of the Board. Unless the Court is satisfied that the decision of the board is manifestly unjust, the relief sought by the Plaintiff must be denied.
[[Image here]]
“The record of the proceedings before the Board indicates that the Board had sufficient material submitted to it to find that the Plaintiffs injury did not entitle him to extraordinary disability benefits. Therefore, the Court cannot find that the actions of the Board . were manifestly wrong.”

From this, it appears that the trial court applied a standard of review that allowed it to consider only that evidence that had been presented to the Retirement Board at its hearing. The Act, however, provides for a broader standard:

“If in the Circuit Court evidence is received, in addition to that considered by the Board, the decision of the Board upon all matters of fact shall, nevertheless, be final and conclusive, except to the extent limited by the next following sentence. If the Circuit Court after hearing all the evidence offered determines that had the decision rendered by the Board been rendered after hearing such evidence that such decision would not have been manifestly wrong, then the Circuit Court shall sustain the decision of the Board, and if the Circuit Court, after considering all the evidence, determines that the decision rendered by the Board would have been manifestly wrong had such decision been rendered after considering all the evidence considered by the Circuit Court, then in that event the Circuit Court shall render the decision which that Court concludes [1370]*1370should be rendered on all the evidence considered by that Court.”

Act No. 1272, Art. III, § 11, at 2135-36.

This rather lengthy provision was clarified by the Court of Civil Appeals in Brewer v. City of Birmingham, Retirement & Relief System Board of Managers, 585 So.2d 46 (Ala.Civ.App.1990). There, a municipal employee petitioned the circuit court for a writ of mandamus after the Retirement Board had denied his claim for extraordinary benefits for injuries sustained on the job. The employee presented additional evidence at the subsequent hearing; however, as in this case, the circuit court’s order showed that it had considered only the evidence that was before the Retirement Board to determine that the Retirement Board’s decision was not manifestly wrong. In reversing the circuit court’s judgment, the Court of Civil Appeals pointed out that the Act allows the circuit court to review the Retirement Board’s decision based solely on the evidence that was presented to the Retirement Board, or to consider additional evidence that was not before the Retirement Board when it made its determination.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
624 So. 2d 1367, 1993 Ala. LEXIS 799, 1993 WL 292068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peters-v-board-of-managers-of-birmingham-retirement-relief-system-ala-1993.