Thomas v. PERS

995 So. 2d 115, 2008 WL 4427208
CourtMississippi Supreme Court
DecidedOctober 2, 2008
Docket2005-CT-02184-SCT
StatusPublished
Cited by15 cases

This text of 995 So. 2d 115 (Thomas v. PERS) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas v. PERS, 995 So. 2d 115, 2008 WL 4427208 (Mich. 2008).

Opinion

995 So.2d 115 (2008)

Betty THOMAS
v.
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF MISSISSIPPI.

No. 2005-CT-02184-SCT.

Supreme Court of Mississippi.

October 2, 2008.
Rehearing Denied December 11, 2008.

*116 George S. Luter, attorney for appellant.

Mary Margaret Bowers, attorney for appellee.

EN BANC.

ON WRIT OF CERTIORARI

RANDOLPH, Justice, for the Court.

¶ 1. Betty Thomas, a former employee of the Mississippi Department of Human Services, applied for disability retirement benefits, and this request was denied by the Public Employees' Retirement System of Mississippi's (PERS) Board of Trustees. The Circuit Court for the First Judicial District of Hinds County found that the decision of PERS was supported by substantial evidence and affirmed the decision. Thomas appealed the decision of the circuit court, and this appeal was referred to the Court of Appeals. The Court of Appeals held that the record did not contain sufficient evidence to support PERS' denial of benefits. This Court granted PERS' Petition for Writ of Certiorari pursuant to Mississippi Rule of Appellate Procedure 17(a). Finding that the Court of Appeals correctly articulated the standard of review for a decision from an administrative agency, but did not adhere to this standard in rendering its decision, we reverse the decision of the Court of Appeals and reinstate the decision of the circuit court.

FACTS AND PROCEDURAL HISTORY

¶ 2. Thomas was employed by the Mississippi Department of Human Services as a child support enforcement officer for nine and three-quarter years. Her physical activities at work consisted of a sedentary desk job which required some standing and pushing and pulling of files. At the time she made application for non-duty *117 related disability retirement benefits, Thomas was forty-nine years old.

¶ 3. The medical documentation, which was submitted to the Disability Appeals Committee of the PERS Board of Trustees ("Appeals Committee"), revealed that Thomas was seen by a number of doctors subsequent to an unrelated neck surgery in February of 2001. In October of 2001, Dr. Fred Sandifer saw Thomas for chronic back and hip pain. Dr. Sandifer stated the source of this pain was unclear, and his records indicate that he was unable to palpate the knots of which Thomas complained.

¶ 4. In January of 2002, Thomas was referred by her primary care physician to rheumatologist Dr. James Hensarling, who concluded Thomas had fibromyalgia. Dr. Hensarling stated Thomas had also developed secondary depression and recommended Thomas see a psychiatrist. Dr. Hensarling did not place Thomas on any restrictions and made no long-term recommendations regarding disability or inactivity other than a three-month leave of absence, which clearly does not qualify Thomas for long-term disability.

¶ 5. Dr. Hensarling referred Thomas to a psychiatrist, Dr. Melvyn Levitch. Dr. Levitch found that Thomas was suffering from "major depression secondary to medical issues." The Committee on Disability Appeals found that Thomas did not use the psychiatry treatment to its maximum benefit, as she saw Dr. Levitch only seven times over two years, and in these visits, Thomas routinely complained of sinus problems which were unrelated to her disability claims.

¶ 6. "In April of 2002, the Social Security Administration notified Thomas that she was entitled to federal disability benefits" after becoming disabled (pursuant to their rules) on February 26, 2002. Thomas v. Pub. Employees Ret. Sys., 995 So.2d 130, 2007 Miss.App. LEXIS 435, *4 (June 26, 2007). On May 21, 2002, a Mississippi Department of Human Services disability coordinator, Wilhemina McCullough, executed an Employer's Certification of Job Requirements which stated, "No accommodations [have] been offered as employee is unable to perform the essential functions of her job. As a result, she appears unable to come to the workplace and perform any duties at this time."

¶ 7. In November of 2002, at the request of PERS, Thomas underwent a Functional Capacity Exam ("FCE"). The FCE revealed that Thomas "is capable of performing at the sedentary to light level of work with some limitations. The patient would need to be given occasional rest breaks and alternate sitting and standing."

¶ 8. On February 6, 2003, Thomas's claim for disability benefits was denied. Thomas received a letter from the executive director of PERS, stating:

After careful examination of your Application for Disability Retirement by the Public Employees' Retirement System Medical Board, it has been determined that there was insufficient objective evidence to support the claim that your medical condition prevents you from performing your duties as described of a DHS-Child Support Enforcement Officer.

¶ 9. On March 3, 2003, Thomas's primary care physician, Dr. Rushing, completed an Attending Physician's Statement for Thomas's private disability insurance company. Dr. Rushing's diagnosis indicated Thomas had fibromyalgia. Dr. Rushing stated Thomas "cannot perform work of any kind" and as to the estimated date of return to work, Dr. Rushing indicated "no return expected."

¶ 10. On March 6, Thomas appealed the ruling of the Appeals Committee, and a *118 hearing was held on March 28, 2003. The hearing was presided over by a hearing officer, along with two doctors. The transcript of this hearing reveals that all medical records, the results of the FCE and notification of the Social Security award were submitted to the Appeals Committee. The Appeals Committee also heard testimony from Thomas, Thomas's husband and a close friend of Thomas.

¶ 11. Thomas testified she felt that she had to stop working because she "couldn't cope with it anymore" and that she was suffering from pain and fatigue. Thomas's husband and friend testified they had noticed a change in her health and that she was not herself.

¶ 12. Subsequent to the hearing, the Appeals Committee issued its Proposed Statement of Facts, Conclusions of Law and Recommendations, and found that there was no objective medical evidence to show Thomas was permanently disabled pursuant to Mississippi Code Annotated Sections 25-11-113 and 25-11-114. Therefore Thomas's request for benefits was denied. After reviewing the record of the proceedings before the Appeals Committee, the PERS Board of Trustees approved and adopted the recommendation of the Appeals Committee as its order.

¶ 13. Thomas appealed this decision to the Hinds County Circuit Court for the First Judicial District, and that court affirmed the order of the PERS Board, holding "[t]he decision of the Board of Trustees was supported by substantial evidence on the record and was neither arbitrary [n]or capricious." Thomas appealed the decision of the circuit court, and her appeal was referred to the Court of Appeals, which found PERS had not presented substantial evidence to support its decision, and reversed the decision of the circuit court.

¶ 14. PERS applied for writ of certiorari to this Court, which was granted. The issue PERS presents is whether the Court of Appeals erred when it found that the decision of the PERS Board of Trustees was not supported by substantial evidence.

ANALYSIS

A court faced with the review of a decision of an administrative agency is very limited as to the scope and depth of its inquiry.

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Cite This Page — Counsel Stack

Bluebook (online)
995 So. 2d 115, 2008 WL 4427208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-pers-miss-2008.