OF JUDGMENT: 03/21/2018
COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT HON. TOMIE T.
GREEN COURT TRIAL JUDGE
ATTORNEYS FOR APPELLANT: GEORGE S. LUTER THOMAS UPTON
ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
SAMUEL MARTIN MILLETTE JANE L. MAPP.
CARLTON, P.J., GREENLEE AND WESTBROOKS, JJ.
Jonathan Bradley filed an application to receive disability
benefits through the Public Employees' Retirement System
of Mississippi (PERS). The PERS's Medical Board
determined that Bradley failed to provide sufficient evidence
to support that he was disabled under Mississippi Code
Annotated section 25-11-113 and 25-11-114 (Rev. 2010).
Bradley appealed the PERS Medical Board's decision to the
PERS Disability Appeals Committee. The Committee agreed with
the PERS Medical Board's recommendation to deny both of
Bradley's claims for non-duty and duty-related disability
benefits and submitted its recommendation to the PERS Board
of Trustees, which agreed with the Committee. Bradley then
appealed to the Circuit Court of Hinds County, and the
circuit court affirmed the PERS Board of Trustees' order.
Aggrieved, Bradley appeals to this Court. After review of the
record, we affirm.
AND PROCEDURAL HISTORY
Bradley worked as a correctional supervisor for the
Mississippi Department of Corrections at the Greenwood
Restitution Center. Bradley was vested in the system at the
time of the hearing with 24.75 years of service. Bradley
described his typical duties as inspecting the building for
cleanliness and observing staff perform their jobs, also
maintaining documentation. Bradley testified that he
occasionally had to "shake down" inmates as they
entered and exited the unit. His other occasional duties
including performing hourly counts of offenders, acquiring
"jobs" for inmates, performing computer work, and
verifying schedules and employee time sheets. He also had to
drive offenders in the van on certain occasions. Bradley
stated he worked with offenders about 90% of the day.
Between August 2008 and September 2009, Bradley was
temporarily removed from work by Dr. Harold Wheeler for
situational depression and anxiety. In November 2009, Bradley
complained of upper arm pain and sought treatment from Dr.
Jimmy Miller, a neurosurgeon, in December 2009. Dr. Miller
recommended physical therapy.
In January 2010, he slipped on ice and fell while escorting
an offender. After Bradley's fall in January 2010, he was
treated at Greenwood Leflore Hospital by Dr. John Hollister
for purported lower back pain on the left side and left
shoulder pain. An x-ray of the lumbar (lower back) showed
mild degenerative-disk disease at L5-S1; however, there was
no sign of an acute injury. Bradley was prescribed
anti-inflammatory medicine for his shoulder and released.
In July 2010, Bradley sought treatment from Dr. Wheeler for
back pain. In a form listed as a "Workmen's
Compensation Visit Report," Dr. Wheeler noted that
Bradley suffered from chronic neck pain and recommended that
Bradley use a heating pad. Dr. Wheeler also temporarily
removed Bradley from work to undergo physical therapy;
however, Bradley was released to return to work without
restrictions in August 2010.
In March 2011, Bradley tried to restrain an offender who had
attacked another officer. Bradley was struck several times on
his right forearm and shoulder, resulting in a swollen right
arm. Nurse Practitioner Yvonne Tanner, who worked for
Greenwood Comprehensive Medical Clinic, treated Bradley on
behalf of Dr. Wheeler and noted that while he had difficulty
coming to a standing position, he was able to return to work
with no restrictions. This visit was also on a
"Workmen's Compensation Visit Report" form.
Bradley made appointments with Dr. Wheeler and Nurse Tanner
again in 2011 and 2012 listing them as Workers'
Compensation visits, citing chronic back pain. As a result,
Bradley was restricted from bending and lifting more than 20
pounds; however, Dr. ...