Brakefield v. Public Emp. Ret. System

2 Citing cases

  1. Public Employees' Retirement System v. McDonnell

    70 So. 3d 264 (Miss. Ct. App. 2011)   Cited 3 times
    Finding that PERS's decision denying disability benefits lacked support by substantial evidence

    This Court has acknowledged that “PERS has the discretion to determine which physicians' assessments to consider and how much weight should be given to each assessment.” Id. at 388–89 (¶ 33) (quoting Brakefield v. Pub. Employees' Ret. Sys., 940 So.2d 945, 948 (¶ 12) (Miss.Ct.App.2006)). “However, the supreme court has previously held that PERS's opinion is not conclusive, and PERS cannot choose to ignore uncontroverted evidence provided by treating physicians.”

  2. Wright v. Public Employees' Retirement System of Mississippi

    24 So. 3d 382 (Miss. Ct. App. 2009)   Cited 7 times

    This Court has recognized, "PERS has the discretion to determine which physicians' assessments to consider and how much weight should be given to each assessment." Brakefield v. Pub. Employees' Ret. Sys., 940 So.2d 945, 948 (¶ 12) (Miss.Ct.App. 2006) (citing Byrd v. Pub. Employees' Ret. Sys., 774 So.2d 434, 438 (¶ 15) (Miss. 2000)).