PUBLIC EMP. RETIREMENT SYSTEM v. McClure

968 So. 2d 510, 2007 Miss. App. LEXIS 341, 2007 WL 1413088
CourtCourt of Appeals of Mississippi
DecidedMay 15, 2007
Docket2005-CC-02189-COA
StatusPublished

This text of 968 So. 2d 510 (PUBLIC EMP. RETIREMENT SYSTEM v. McClure) 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
PUBLIC EMP. RETIREMENT SYSTEM v. McClure, 968 So. 2d 510, 2007 Miss. App. LEXIS 341, 2007 WL 1413088 (Mich. Ct. App. 2007).

Opinion

968 So.2d 510 (2007)

PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Appellant
v.
Sara G. McCLURE, Appellee.

No. 2005-CC-02189-COA.

Court of Appeals of Mississippi.

May 15, 2007.
Rehearing Denied September 4, 2007.

*511 Office of the Attorney General by Mary Margaret Bowers, attorney for appellant.

Sara G. McClure, Appellee, pro se.

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

KING, C.J., for the Court.

¶ 1. The Public Employees' Retirement System of Mississippi (PERS) appeals the Hinds County Circuit Court's decision to award disability retirement benefits to Sara McClure. This decision reversed a finding by the PERS Board of Trustees that McClure was not disabled. Finding no error in the trial court's decision to reverse the PERS determination, this Court affirms the award of disability benefits.

FACTS

¶ 2. Sara McClure was employed as a special education teacher for more than twenty-eight years. For twelve of these years, she taught developmentally delayed children ages three to five years old in the Clarksdale, Mississippi Public School District. Because of her increased problems with blood pressure and diabetes, McClure applied for Regular Age Limited Disability benefits with the Public Employees' Retirement System[1] in November 2000. McClure testified that, although she loved her job, she no longer believed her health would allow her to continue employment at the school. She feared her health would continue to decline and she was not as effective as she had once been. McClure noticed she was in better control of her health problems when school was out for the summer months.

¶ 3. McClure had an extensive history of medical problems dating back to 1989. McClure was diagnosed with bilateral adrenal hyperplasia, insulin dependant diabetes, and hypertension. The medical records submitted by McClure include a letter from Dr. Charles Nause, McClure's long-time primary physician. In his letter, Dr. Nause recommended that McClure stop teaching because high stress levels associated with her job were compromising her health. Dr. Nause stated, "Sarah has been a patient of mine for nearly ten years — I do think her job is contributing to instability in her medical condition and leading to continued deterioration of her health. I recommend that she not work as a result of her illness that she suffers from."

*512 ¶ 4. Shirley Morris, McClure's principal, supported McClure's disability claim as well. Morris often made accommodations for McClure during the school work days by allowing her to come to work late on days when her blood sugar level was severely elevated. Morris also allowed McClure to rest during the school work day by allowing her to lie down while the students took their afternoon naps.

¶ 5. McClure testified that, during the fall semester prior to filing her appeal, she missed twenty-two days[2] of work due to illness. On one particular occasion in August 2001, McClure's blood pressure reached 240/110 while she was at work. She experienced numbness on her face as well as specks of blood surfacing on her arms. McClure was made to rest on the floor in hopes that her blood pressure would lower. Later, she was hospitalized for several days. She continued to experience medical problems as a result of the severely elevated blood pressure level.

¶ 6. On February 8, 2001, PERS's medical board denied McClure's claim, and she appealed this decision before the Disability Appeals Committee. The Disability Appeals Committee made a recommendation to the PERS Board of Trustees to deny McClure's request for disability. In their findings, the Appeals Committee acknowledged that McClure had a history of unregulated blood sugar and blood pressure levels, despite her compliance with her doctor's treatment. However, the Committee noted that McClure had not terminated her employment at the time she filed her appeal and was still performing her work duties. The Committee expressed "great concern" about McClure's medical treatment plan and believed that McClure's health situation would only improve with appropriate treatment from a hypertension expert. The committee noted the following in its findings:

There will always be swings in [McClure's] blood sugar of 70-400, but she is now able to work and with proper management, she will continue to be able to work. We believe staying at home is not a proper management program. The current lack of medical management does not have to be a permanent situation.

¶ 7. The Committee did not believe the evidence supported finding McClure was disabled. The Committee reasoned that a hypertension specialist would be able to evaluate McClure and place her on a better treatment program that would improve her health.

¶ 8. The PERS Board of Trustees adopted the recommendation of the Disability Appeals Committee to deny McClure disability benefits. On January 9, 2002, McClure appealed the Board's decision to the Hinds County Circuit Court. The circuit court reversed the order of the PERS Board of Trustees, finding McClure presented sufficient evidence to support her disability claim. The court found PERS's decision to deny disability benefits was arbitrary and capricious because it was not supported by substantial evidence. According to the court, the record was clear that McClure was unable to perform her employment duties and she continued to struggle with her health, despite her medication. The court made note that McClure's treating physician and employer verified her health claims as well. PERS timely filed this present appeal of the circuit court's decision.

*513 STANDARD OF REVIEW

¶ 9. This Court is held to the same standard as lower courts when reviewing administrative agency decisions. Miss. Sierra Club, Inc. v. Miss. Dep't of Envtl. Quality, 819 So.2d 515, 519(¶ 15) (Miss.2002). We do not re-weigh the facts of the case. Public Employees Ret. Sys. v. Shurden, 822 So.2d 258, 263(¶ 13) (Miss. 2002). We may only "review an administrative agency's order to determine whether the order was (1) supported by substantial evidence, (2) arbitrary or capricious, (3) beyond the power of the lower authority to make, or (4) violated some statutory or constitutional right of the complaining party." Public Employees' Ret. Sys. v. Burt, 919 So.2d 1150, 1156(¶ 16) (Miss.Ct. App.2005).

¶ 10. We perform a limited appellate review of agency decisions but the Court is not subjected to "wearing blinders." Public Employees' Ret. Sys. v. Howard, 905 So.2d 1279, 1284(¶ 15) (Miss.2005). An agency's decision will be deemed arbitrary and capricious if it is not based on substantial evidence. Public Employees' Ret. Sys. v. Allen, 834 So.2d 50, 53(¶ 10) (Miss.Ct.App.2002). Substantial evidence is defined as "such relevant evidence as reasonable minds might accept as adequate to support a conclusion." Shurden, 822 So.2d at 264(¶ 14).

ANALYSIS

Whether the circuit court err in finding that PERS acted arbitrarily and capriciously in denying McClure's claim for disability benefits.

¶ 11. PERS alleges the trial court did not have authority to reverse the denial of McClure's request for benefits because PERS's decision was supported by substantial evidence and it was not arbitrary or capricious. The PERS Disability Appeals Committee, comprised of two physicians and one nurse/attorney, reviewed McClure's medical reports and determined there was a lack of evidence to support McClure's claim of disability.

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Bluebook (online)
968 So. 2d 510, 2007 Miss. App. LEXIS 341, 2007 WL 1413088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-emp-retirement-system-v-mcclure-missctapp-2007.