State ex rel. Bailey v. Grande

465 P.2d 334, 154 Mont. 437, 1970 Mont. LEXIS 410
CourtMontana Supreme Court
DecidedFebruary 16, 1970
DocketNo. 11710
StatusPublished
Cited by3 cases

This text of 465 P.2d 334 (State ex rel. Bailey v. Grande) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Bailey v. Grande, 465 P.2d 334, 154 Mont. 437, 1970 Mont. LEXIS 410 (Mo. 1970).

Opinions

MR. JUSTICE HASWELL

delivered the Opinion of the Court.

Defendants, the Board of Administration of the Public Employees- Retirement System, disallowed relator’s claim for an occupational disability retirement but granted him an ordinary disability retirement. The district court of Lewis and Clark County, on the same record, found that relator was entitled to an occupational disability retirement and entered final judgment [439]*439in the form of peremptory writ of prohibition requiring the Board to desist and refrain from proceedings other than to grant relator an occupational disability retirement. Defendant Board appeals from the district court’s finding of fact and conclusions of law, its refusal to amend or modify the same, find its final judgment.

Plaintiff is Robert J. Bailey, an employee in the Billings office of the Montana State Employment Service. He will be referred to herein as relator. Defendants are 5 individuals comprising the Board of Administration of the Public Employees’ Retirement System of the State of Montana. Defendants will be designated herein as the Board.

The board issue in the instant controversy is whether relator is entitled to an “ordinary disability retirement allowance” or an “occupational disability retirement allowance” under the Public Employees’ Retirement Act. The substantially greater amount payable under the latter allowance highlights the importance of the instant case both from the standpoint of relator and the entire Public Employees’ Retirement System.

Relator commenced his employment with the Montana State Employment Service in July 1953. Throughout the next 14 years he was employed by that agency in various positions in its Billings office, and at the time of his termination he held the position of interviewer with a final employment salary of $740 per month.

Until sometime in 1964 or 1965, relator’s work record was satisfactory and his health was good. However, at that time relator began to experience difficulty in getting along with his fellow workers and supervisors. At approximately this same time the work load of the office was increased by the implementation of several new programs without a commensurate increase in the number of employees. In the words of relator’s supervisor, he began to develop a “persecution complex”, and he complained of over-supervision. These reactions and attitudes, according to relator, were the result of his working con[440]*440ditions, increased work responsibilities, and job discrimination.

In an effort to correct the difficullties experienced by relator, interdepartmental transfers were arranged, new positions were found, and an effort to improve his working conditions was made, all t<f<no avail. Relator’s problems continued, there was a noticeable change in his personality and an increasing difficulty op his part in getting along with his fellow employees and supervisors.

• At. one point relator offered to resign from his position, but his supervisor told him he was not seeking his resignation. Relator’s problems continued to grow worse, and in November 1966, he was warned by his supervisor that unless he changed his attitude and ways, he would receive an “unsatisfactory” rating on his year-end report. Such a rating frequently results in termination of employment. Relator promised to try and improve his situation and on that basis he received a “satisfactory” rating at the end of 1966.

The situation apparently did not improve because after again receiving a warning, relator was given an “unsatisfactory” rating in December 1967. Thereafter relator requested and was granted sick leave commencing about January 2, 1968. He received sick leave compensation until March 28, 1968, and thereafter received accrued annual leave pay until May 3, 1968. As a result of the unsatisfactory rating, relator’s employment was terminated.

In. February 1968, relator filed a claim for an occupational disability retirement allowance based upon job-related disability caused by adverse working conditions. An employer’s report was secured by the Board and medical reports were submitted by Dr. Edward R. Hodgson of the Billings Mental Hygiene Clinic; Dr. J. H. Schaeffer, relator’s family doctor; and Dr. E. H. Lindstrom of Helena, the medical consultant for the Board.

Dr. Hodgson reported that relator “shows a tremendous amount of anxiety characterized by intense worry and feelings [441]*441of frustration and insecurity”, that such “anxiety reaction” was of recent origin and apparently “the working condition has had much to do with the development of these “symptoms”, and that relator “is not able at this time to continue with the type of work he has been doing and certainly he is not prepared at this time to embark on a new career.”

Dr. Schaeffer, the family physician, submitted a diagnosis of “anxiety reaction” with probable permanent disability. Under “contributing causes of disability if due to employment” Dr. Schaeffer indicated “none”, while under the heading of “Re marks” on the reporting form, he stated “I concur fully with the letter written by Dr. Hodgson on January 26, 1968.” More will be said later of this self-contradictory report.

The Board referred the matter to Dr. Lindstrom who advised them that “It appears'that this man is disabled. However, as there is no connection with his employment, he would only be eligible for an ordinary disability retirement.”

Relator’s file was reviewed by the Disability Claims Committee of the Board which recommended that relator be granted an ordinary disability retirement allowance. This recommendation was accepted by the Board at its monthly meeting in March 1968. Relator refused to accede to the decisions of the Board and requested a reconsideration of his claim.

Thereafter affidavits were submitted by relator to the Board from Dean Woods, a friend, and Rosemary Bailey, relator’s wife. These affidavits indicated that relator’s anxiety and disturbance was of recent origin and was job-related. At the Board’s request, the.Retail Credit Company of Billings conducted a claim investigation consisting of interviews with .4 coworkers, a residential neighbor, and a neighborhood merchant. Most of these interviews tended to establish that in the last 3 or 4 years relator had become high strung, nervous, irritable, and short tempered due to the pressures of his work.

Additionally, Dr. Schaeffer was queried as to the apparent discrepancy in his report referred to previously. Dr. Schaeffer [442]*442responded by handwritten notation at the bottom of the letter of inquiry — “sorry I misunderstood this question”. He also returned a new form correctly filled out. This corrected new form showed in answer to the question “Contributing causes of disability if due to employment”, “difficulty getting along with supervisors and co-workers”. The corrected form also showed that he fully concurred with Dr. Hodgson.

Dr. Lindstrom, after being apprised of this change in Dr. Schaeffer’s report and the Retail Credit Company investigation, was asked for a reevaluation by the Board. Dr. Lindstrom then reversed himself and found relator eligible for an occupational disability retirement allowance. His report reads as follows:

“I reviewed the inspection report on the above.

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Cite This Page — Counsel Stack

Bluebook (online)
465 P.2d 334, 154 Mont. 437, 1970 Mont. LEXIS 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-bailey-v-grande-mont-1970.