Wade v. TEACHERS'RETIREMENT SYSTEM OF LOUISIANA

938 So. 2d 103, 2006 WL 1575013
CourtLouisiana Court of Appeal
DecidedJune 9, 2006
Docket2005-CA-1590
StatusPublished
Cited by6 cases

This text of 938 So. 2d 103 (Wade v. TEACHERS'RETIREMENT SYSTEM OF LOUISIANA) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wade v. TEACHERS'RETIREMENT SYSTEM OF LOUISIANA, 938 So. 2d 103, 2006 WL 1575013 (La. Ct. App. 2006).

Opinion

938 So.2d 103 (2006)

Sandra Jean WADE
v.
TEACHERS' RETIREMENT SYSTEM OF LOUISIANA.

No. 2005-CA-1590.

Court of Appeal of Louisiana, First Circuit.

June 9, 2006.
Rehearing Denied July 17, 2006.

*104 Kenneth R. Williams, Baton Rouge, Counsel for Plaintiff/appellant.

John L. Stone, III, Baton Rouge, Counsel for Defendant/Appellee.

Panel composed of Ad Hoc Judges THOMAS F. DALEY, CLARENCE E. McMANUS, and WALTER J. ROTHSCHILD.

WALTER J. ROTHSCHILD, Judge, Ad Hoc.

Plaintiff, Sandra Jean Wade, filed a claim for disability benefits as an eligible member of the Teachers Retirement System of Louisiana pursuant to the provisions of La. R.S. 11:203. Her claim was denied on the basis that she did not qualify for disability retirements benefits according to medical evaluations.

Following this denial of benefits, Mrs. Wade filed the instant petition in the 19th Judicial District Court seeking reversal of this ruling and an award of disability benefits. She alleged that the denial of her application for benefits denied her substantive and constitutional rights. In the alternative, plaintiff requested that the court hold a hearing to accept relevant evidence in this matter.

This matter was heard in the trial court on January 28, 2005. The trial court rendered judgment on May 13, 2005 in favor of the Teachers Retirement System of Louisiana and against plaintiff, denying her claim for disability retirement benefits and dismissing her suit with prejudice. Plaintiff moved for and was granted a devolutive appeal from this judgment.

*105 Facts

Plaintiff worked as a technician in the food service department for the Livingston Parish School Board from October 1, 1989 until July of 2001. In October of 2001, she filed the present claim stating she suffered from bipolar disorder, panic attacks and anxiety that have prevented her from performing her duties. Mrs. Wade testified at trial that in 1985, she was treated by her family physician for depression related to her father's death. She also stated that antidepressants were prescribed for her in 1990. She stated she began going to the Family Health Center in 1991 for depression, nervousness and sleep problems at the time she was employed by the school board. Mrs. Wade stated that in 2001 she had a nervous breakdown and spent 10 days in mental hospital. She stated that she was unable to function on the job because of this condition.

Mrs. Wade stated that at the time of this incident, there were events in her life which were troublesome, including marital problems and having her boss and her granddaughter diagnosed with cancer. Prior to this incident, Mrs. Wade was taking medications for depression, anxiety, panic attacks and mood swings. She testified that she was unable to work after the 2001 incident because she was unable to concentrate and she was having mood swings. She stated that she did not make an attempt to go back to work since she was discharged from the hospital in July of 2001.

Dr. Navin Patel, a psychiatrist, testified that he began to treat Mrs. Wade in the 1991 at the Family Health Center as an outpatient. He treated her with medication for depression, anxiety and mood swings until 1995 when Mrs. Wade began seeing his partner. Dr. Patel stated he began treating Mrs. Wade again in 1999, and recommended in patient treatment at Charis Hospital in Baton Rouge in July of 2001 because he believed she needed more intensive care. Dr. Patel stated that her treatment at the Family Health Center was terminated in 2001 when she moved to Mississippi to live with her mother.

Dr. Patel stated that while Mrs. Wade was hospitalized, she decided she could no longer function at work and she made the decision to quit her job with the school board. Dr. Patel believed this was a good decision and his professional opinion was that Mrs. Wade's bi-polar illness made her unable to function at work. Dr. Patel testified that at the time of her discharge from the hospital in 2001, his opinion was that she was permanently disabled from performing the normal duties of her employment or any other employment. For this reason, he prepared a physician's report of disabling condition which was presented to the teachers' retirement system.

Dr. Patel further stated that Mrs. Wade did not respond adequately to conventional treatment to stabilize her. He also stated that although her medical records indicated that Mrs. Wade first complained of depression to her family physician in 1985, she was not diagnosed or treated for bi-polar illness until 1991. He said it was not unusual to have symptoms of bi-polar illness early in age, and to be diagnosed with the illness later in life.

The record contains Mrs. Wade's statement of her disabling condition which was presented to the teachers' retirement system. In this statement, she stated she had been under a doctor's care since the age of 25, but that she went into a mental hospital in July of 2001. The record also contains two reports from psychiatrists who examined Mrs. Wade at the request of the school board in 2002. The report of Dr. Jeanne Estes stated that she saw Mrs. Wade in April of 2002, and that she reviewed *106 her medical history. Dr. Estes concluded that although Mrs. Wade was depressed, she was not permanently disabled from work, but is capable of performing her duties as a cafeteria technician with adequate treatment. Dr. Estes also found that Mrs. Wade's medical record indicate that she was depressed prior to her entry into the teachers' retirement system.

The report of Dr. Larry Wade, a psychiatrist, revealed that he interviewed Mrs. Wade on February 1, 2002 and that he reviewed her medical records. After a lengthy report, Dr. Wade found that plaintiff suffered from depression and anxiety with an underlying personality disorder. He noted that the application for disability referred to cyclic moods since age 25, as well as other notations of cyclic moods which predate her entry into the retirement system. Dr. Wade also found that plaintiff was not totally and permanently disabled from her job, and he recommend that her application for medical disability be denied.

In its written reasons for judgment the trial court stated in part:

It is well established in the law of this State that the plaintiff, Sandra Jean Wade, has the burden of proof and must prove her case by a preponderance of the evidence. The plaintiff in this case has not convinced this court she has carried her burden of proof. Mrs. Wade often gave confusing answers to questions propounded to her and at one time testified that she did not know what was going on around her for several days. Her testimony was not very credible and convincing. Mrs. Wade testified that from July 7, 2001 until she applied for disability benefits she made no attempt to return to work. Dr. Patel, Mrs. Wade's treating physician, testified that Mrs. Wade was unable to care for herself and work at any job, but he did not testify that he advised Mrs. Wade to quit her job for medical reasons.
There was testimony that prior to the time Mrs. Wade submitted her resignation papers she had moved to Mississippi on a permanent basis. Both of the physicians who examined Mrs. Wade for the school board, Dr. Lawrence Wade and Dr. Jeanne M. Estes found that Mrs. Wade was not entitled to disability benefits. Both of these qualified doctors examined Mrs. Wade and the Board was justified in relying on their opinions. There has been no medical evidence produced by Mrs. Wade which substantiates her entitlement to disability retirement.

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