State ex rel. Lecklider v. School Employees Retirement System

104 Ohio St. 3d 271
CourtOhio Supreme Court
DecidedDecember 15, 2004
DocketNo. 2004-1030
StatusPublished
Cited by21 cases

This text of 104 Ohio St. 3d 271 (State ex rel. Lecklider v. School Employees Retirement System) is published on Counsel Stack Legal Research, covering Ohio 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. Lecklider v. School Employees Retirement System, 104 Ohio St. 3d 271 (Ohio 2004).

Opinion

Per Curiam.

{¶ 1} Appellant, Diane Z. Lecklider, was employed as a head cook for Green-ville City Schools. As head cook, Lecklider was responsible for preparing the daily meal and for storing food and supplies in the school kitchen. One of the qualifications of the head-cook position is that the person be “[p]hysically capable of lifting food containers as required.”

{¶ 2} In October 2001, Lecklider underwent surgery to repair a large rectocele.1 According to Lecklider, following the surgery, she experienced rectal pain and spasms when she lifted heavy objects. In February 2002, Maria B. LimKong, M.D., Lecklider’s surgeon and treating physician, wrote a letter authorizing Lecklider, who had not yet fully recovered from surgery, to return to work, with the following restrictions: (1) that she work a maximum of four hours per day and (2) that she not lift more than five pounds.

{¶ 3} In March 2002, Lecklider applied to appellee, School Employees Retirement System (“SERS”), for disability retirement benefits. Lecklider submitted a March 2002 report from Dr. Lim-Kong. Dr. Lim-Kong diagnosed Lecklider as having pelvic discomfort, pressure, and spasms following her rectocele surgery. Dr. Lim-Kong concluded that Lecklider would remain physically incapacitated for at least the next 12 months and that Lecklider was unable to perform her previous duties as a head cook.

[272]*272{¶ 4} In April 2002, upon request by SERS, John D. Baluch, M.D., a urologist, examined Lecklider. Dr. Baluch diagnosed Lecklider with “chronic intermittent rectal pain secondary to lifting,” but could not identify any physical abnormalities. Dr. Baluch felt that he was not qualified to give a recommendation concerning whether Lecklider was physically unable to do her job.

{¶ 5} In June 2002, the medical advisory committee of SERS concluded that a second medical evaluation should be obtained before it made a recommendation concerning Lecklider’s application for disability retirement benefits.

{¶ 6} On August 7, 2002, Marc Cooperman, M.D., examined Lecklider. Dr. Cooperman noted that, in Lecklider’s position as head cook, she “is periodically required to lift boxes of food that weigh up to 50 pounds.” Based on his examination, Dr. Cooperman did not “find any basis to determine that she is unable to perform her job related duties.” Nevertheless, he noted that because “[sjtrenuous lifting * * * may clearly be a precipitating event in the recurrence of a rectocele,” he thought that a “permanent restriction on lifting, limiting her to 25 pounds would be indicated.” Dr. Cooperman certified that Lecklider was not physically or mentally incapacitated for a period of at least 12 months and was able to perform her duties as a head cook.

{¶ 7} The medical advisory committee reviewed the application and evidence and concluded that Lecklider was not permanently disabled from performing her duties as a head cook. The committee recommended that her application be denied.

{¶ 8} On September 13, 2002, SERS agreed with the committee’s recommendation and denied Lecklider’s application for disability retirement benefits. By letter dated September 16, 2003, SERS notified Lecklider of its decision and her right to appeal. On September 25, 2002, Lecklider submitted a timely notice of her intent to appeal from the SERS decision and requested a personal appearance before SERS.

{¶ 9} On December 11, 2002, Lecklider submitted an affidavit by Sharon F. Deeter, Food Service Director/Manager for the Greenville City Board of Education, and a letter from Dr. Lim-Kong to SERS. In her affidavit, Deeter stated that she had been Lecklider’s immediate supervisor and that the head cook was required to lift food containers, bags, commodities, and cases in the following manner:

{¶ 10} “Individuals are instructed to use the team concept in lifting heavy food containers, bags, commodities, cases, etc. Each individual is instructed to contact the building janitor if the commodity is too heavy for lifting by the team concept. The commodities in cases herein described may weigh more than 25 pounds.”

[273]*273{¶ 11} Dr. Lim-Kong’s letter, which was dated October 24, 2002, reiterated that Lecklider experienced rectal and pelvic spasms when she lifted or pushed heavy objects and that, based on the job descriptions, she was unable to perform any job in the school cafeteria for an indefinite period of time.

{¶ 12} On December 16, 2002, which was 91 days after the date on SERS’s notice denying her application, Lecklider submitted a December 16, 2002 letter from Dr. Lim-Kong recommending that Lecklider not lift more than ten pounds. The letter further noted that this restriction was applicable from May 14, 2002, to May 2003.

{¶ 13} On January 16, 2003, SERS reviewed the information submitted by Lecklider and upheld its original decision denying her application for disability retirement benefits.

{¶ 14} On June 2, 2003, Lecklider filed a complaint in the Court of Appeals for Franklin County. In her complaint, as subsequently amended, Lecklider sought a writ of mandamus to compel SERS to find her entitled to disability retirement benefits. In the alternative, Lecklider requested a writ of mandamus to compel SERS to hold a hearing in which she could personally appear to present evidence and cross-examine witnesses..

{¶ 15} On May 18, 2004, the court of appeals denied the writ. The court of appeals rejected Lecklider’s claims that SERS had abused its discretion in denying her application for disability retirement benefits and in denying her request for a personal appearance.

{¶ 16} This cause is now before the court upon Lecklider’s appeal as of right.

SERS Determination: Availability of Mandamus

{¶ 17} “The Public School Employees Retirement System was established for the purpose of providing retirement allowances and other benefits to public school employees other than teachers.” 1 Carey, Anderson’s Ohio School Law Guide (2003) 627, Section 8.25; R.C. 3309.01 et seq. “Under R.C. 3309.39(C), in order to be entitled to disability retirement benefits, a SERS member must be mentally or physically incapacitated for the performance of the member’s last assigned primary duty by a disability condition that is either permanent or presumed to be permanent for at least the 12 months following the filing of the application for benefits.” State ex rel. Stiles v. School Emp. Retirement Sys., 102 Ohio St.3d 156, 2004-Ohio-2140, 807 N.E.2d 353, ¶ 13.

{¶ 18} Because the final SERS decision is not appealable, mandamus is available to correct any abuse of discretion by SERS in denying disability retirement benefits. See State ex rel. McMaster v. School Emp. Retirement Sys. (1994), 69 Ohio St.3d 130, 133, 630 N.E.2d 701. SERS abuses its discretion when [274]*274its decision is unreasonable, arbitrary, or unconscionable. Stiles, 102 Ohio St.3d 156, 2004-Ohio-2140, 807 N.E.2d 353, ¶ 13.

Denial of Disability Retirement Benefits

{¶ 19} Lecklider asserts that SERS abused its discretion in denying her application because Dr. Cooperman’s opinion was internally inconsistent. Lecklider claims that SERS could not rely on his opinion that she was not disabled, when he had found that Lecklider’s job as a head cook of a school cafeteria required her to lift boxes that weighed up to 50 pounds but also found that a 25-pound lifting restriction was appropriate for her.

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

Related

State ex rel. Gormley v. Jordan
2020 Ohio 4759 (Ohio Court of Appeals, 2020)
State ex rel. Ames v. Brimfield Twp. Bd. of Trustees
2019 Ohio 4926 (Ohio Court of Appeals, 2019)
State ex rel. Wegman v. Ohio Police & Fire Pension Fund
2016 Ohio 8270 (Ohio Court of Appeals, 2016)
Fanous v. Ochs
2013 Ohio 1034 (Ohio Court of Appeals, 2013)
State ex rel. Tindira v. Ohio Police & Fire Pension Fund
2011 Ohio 4677 (Ohio Supreme Court, 2011)
State ex rel. Atkins v. Harrison Cty. Commrs.
2010 Ohio 3160 (Ohio Court of Appeals, 2010)
State ex rel. Marchiano v. School Employees Retirement System
902 N.E.2d 953 (Ohio Supreme Court, 2009)
Hamby v. Ohio Pub. Emps. Retirement Sys., 08ap-298 (9-30-2008)
2008 Ohio 5068 (Ohio Court of Appeals, 2008)
State v. School Employees Retirement System, 07ap-486 (6-10-2008)
2008 Ohio 2798 (Ohio Court of Appeals, 2008)
State ex rel. Laughlin v. James
874 N.E.2d 1145 (Ohio Supreme Court, 2007)
State ex rel. Blandin v. Beck
114 Ohio St. 3d 455 (Ohio Supreme Court, 2007)
Smith v. School Emps. Retire., Unpublished Decision (8-7-2007)
2007 Ohio 3996 (Ohio Court of Appeals, 2007)
Tyler v. Petro, Unpublished Decision (3-15-2007)
2007 Ohio 1160 (Ohio Court of Appeals, 2007)
State ex rel. Worrell v. Ohio Police & Fire Pension Fund
2006 Ohio 6513 (Ohio Supreme Court, 2006)
State ex rel. Union County Veterans Service Commission v. Parrott
108 Ohio St. 3d 302 (Ohio Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
104 Ohio St. 3d 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-lecklider-v-school-employees-retirement-system-ohio-2004.