Carver v. Pub. Employees' Ret. Sys. of Miss.

• Decision Date: 10 December 2020
• Docket Number: NO. 2018-CT-01045-SCT,2018-CT-01045-SCT
• Citation: 306 So.3d 694
• Parties: Brian CARVER v. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM OF MISSISSIPPI
• Court: Mississippi Supreme Court

306 So.3d 694

Brian CARVER

v.PUBLIC EMPLOYEES’ RETIREMENT SYSTEM OF MISSISSIPPI

NO. 2018-CT-01045-SCT

Supreme Court of Mississippi.

December 10, 2020

ON WRIT OF CERTIORARI

COLEMAN, JUSTICE, FOR THE COURT:

¶1. On December 14, 2011, Brian Carver applied for non-duty-related and duty-related disability benefits due to his suffering from post-traumatic stress disorder. The Public Employees’ Retirement System of Mississippi "granted [Carver] non-duty related disability benefits but denied his request for duty-related disability benefits." Carver v. Pub. Emps.’ Ret. Sys. of Miss. , No. 2018-SA-01045-COA, ––– So.3d ––––, ––––, 2019 WL 5558650, at *2 (Miss. Ct. App. Oct. 29, 2019). The denial by PERS was affirmed by the Disability Appeals Committee, the PERS Board of Trustees, the Hinds County Circuit Court, and the Court of Appeals. Id. at ––––, ––––, at *1, *2. The Court of Appeals determined that "[a] plain-language reading of [Mississippi Code S]ection 25-11-114(7)(b) clearly distinguishes mental and physical disabilities." Id. at ––––, at *4. We granted Carver's petition for writ of certiorari .

FACTS AND PROCEDURAL HISTORY

¶2. Brian Carver was employed by the Jackson Police Department as a patrolman for twenty years. In 2004, Carver was involved in an officer-involved shooting in which he shot and killed a suspect. Carver , ––– So.3d at ––––, 2019 WL 5558650, at *1. After his two required visits to a psychologist, Dr. Jerry Alford, Carver was cleared to return to work. Id. Upon his return to work, he experienced physical-health and mental health-issues while on duty.

¶3. Carver testified that the first time he experienced post-traumatic stress disorder symptoms after returning to work, he had been dispatched on a domestic-violence call. During the incident, he became "highly anxious" due to the "yelling and screaming" coming from the house. Id. (internal quotation marks omitted). In response, "Carver drew his weapon and kicked in the door[,]" which caused the door to hit a child standing on the other side. Id. (internal quotation marks omitted). Carver stated that he "froze" and "that he could not move or enter the house[,]" forcing his fellow officers to take charge of the situation. Id. (internal quotation marks omitted). Carver explained that the behavior was triggered mainly by domestic violence situations and that he no longer could handle domestic-violence duty as a policeman. In some instances, Carver would wait until other officers had arrived on the scene and would let them handle matters. Id. He testified that the domestic violence situations would cause flashbacks of the 2004 shooting and overwhelm him.

¶4. In 2007, the Department transferred Carver to the police-motor unit, which dealt mostly with traffic-related matters. Id. Even though Carver no longer dealt with domestic-violence disturbances, he continued to experience physical-health and mental-health issues when carrying out his official duties. He testified that in instances in which people failed to stop right away, he would become anxious and would feel as if he were still in a position that would require him to use deadly force. In April 2011, during a traffic stop, Carver acted inappropriately by getting into a verbal altercation with a motorist and then handcuffing the person. Along with his crippling anxiety, "Carver was fighting insomnia by periodically taking prescription medication." Id.

¶5. In November 2011, Carver began seeing Dr. Kristen Matheny, a licensed professional counselor, for help with his anxiety and his inability not to overreact during routine policing situations. In December 2011, while on patrol during a Christmas parade, Carver involved himself in an altercation with a driver. The dispute was over the driver's not wearing a seat belt and refusing to listen to Carver. In response to the driver's noncompliance, Carver jerked the door open and tried to put the moving car into park in an effort to get the driver to stop. After that incident, Carver told Dr. Matheny that he felt that he was having trouble controlling his actions and that he was concerned "he might use his weapon inappropriately." Id. "[W]ith his permission, the counselor informed Carver's supervisors about the situation." Id. "JPD relieved him of his gun, and he took a medical leave of absence." Id. at *2. Later, Dr. Matheny wrote a letter in which she stated in her professional opinion that Carver "suffers from Post-Traumatic Stress Disorder (PTSD), and that the impulses he describes are a manifestation of his PTSD."

¶6. On December 14, 2011, Carver underwent an independent medical evaluation that was performed by Dr. Mark Webb, a psychiatrist, "who stated that all of the above-mentioned traumas and incidents caused his PTSD." Id. On December 31, 2011, Carver "received two letters terminating his employment." Id.

¶7. Before being terminated, Carver "applied for non-duty and duty-related disability benefits." Id. On January 31, 2012, the PERS Medical Board granted Carver's claim for non-duty-related disability benefits and denied his claim for duty-related disability benefits, stating that

your claim did not meet the statutory definition for duty-related disability. PERS law requires that the disability for which duty-related disability benefits are claimed be the direct result of a physical injury from an accident or traumatic event occurring in the line of performance of duty. The law provides that cardiovascular, pulmonary, or musculoskeletal conditions that are not a direct result of a traumatic event occurring in the performance of duty shall be deemed an ordinary disability.

¶8. Carver appealed his denied claim to the Disability Appeals Committee. Id. On June 15, 2012, the Committee held a hearing, determined that "there is insufficient evidence that Mr. Carver sustained a physical injury as required by the statute," and recommended to the PERS Board that Carver's claim be denied. The Committee explained in relevant part:

While this Committee does not refute Mr. Carver's diagnosis of PTSD, there is no evidence that the shooting caused actual "physical injury" to Mr. Carver, but rather the incident resulted in PTSD which then manifested with certain physical symptoms such as insomnia and anxiety. Mr. Carver's attorney deposed Dr. Webb in an attempt to establish a physical injury. Dr. Webb testified that Mr. Carver suffered an emotional or mental injury, and that he now suffers from a permanent mental illness called post-traumatic stress disorder. Dr. Webb said this mental illness is also a "physical illness" as there are physiological symptoms that result from the psychological condition. In Mr. Carver's case, the physical symptoms included difficulty with sleeping, concentration, and fear. In other words, mental illness can have a physical response. Dr. Webb, when lead, characterized PTSD as a "physical injury," but his overall testimony clearly indicated he was referring to the physical symptoms associated with a mental illness, not an actual acute physical injury caused by an outside force.

....

This Committee understands that Mr. Carver fatally shot a suspect, and as a result, has suffered emotional problems, but the firing of his weapon caused him no direct physical injury. He did not suffer a bruise or broken bone, and the bullet did not ricochet and strike him in the head. He may argue that the injury was the chemical change in his brain which the doctor can see with an MRA, but the shooting itself did not cause these changes. Mr. Carver's emotional and psychological response to the incident did.

¶9. "The PERS Board adopted the DAC's findings and recommendations." Id. On September 14, 2012, Carver appealed to the Circuit Court of the First Judicial District of Hinds County. The circuit court affirmed the PERS Board's decision to deny Carver's claim for duty-related disability benefits because Carver's post-traumatic stress disorder did not satisfy the statutory definition and his post-traumatic stress disorder "stemmed from multiple traumas and lack of mental health treatment." Carver appealed the circuit court's judgment. The Court of Appeals affirmed, agreeing with "the PERS Board's determination that PTSD is not a physical injury[,]" "that there was substantial evidence to support a denial of Carver's duty-related disability benefits, and [that] the decision was neither arbitrary nor capricious." Id. at *4, *5.

¶10. Carver timely petitioned for a writ of certiorari, arguing that the Court of Appeals erred by finding that post-traumatic stress disorder was not a physical injury and by applying Mississippi Code Section 25-11-114(7)(b) (Rev. 2018).

STANDARD OF REVIEW

¶11. "When this Court reviews an administrative agency's decisions, the Court may not overturn the agency's judgment unless the agency's decision is not supported by substantial evidence, is arbitrary or capricious, is beyond the scope or power granted to the agency, or violates constitutional rights." Vaughn v. Pub. Emps.’ Ret. Sys. , 182 So. 3d 433, 437 (Miss. 2015) (citing Pub. Emps.’ Ret. Sys. v. Porter , 763 So. 2d 845, 847-48 (Miss. 2000) ). "This Court is not entitled to substitute its own judgment for that of PERS, and it is impermissible for a reviewing court to reweigh the facts of the case." Pub. Emps.’ Ret. Sys. v. Dishmon , 17 So. 3d 87, 91 (Miss. 2009) (citing Pub. Emps.’ Ret. Sys. v. Marquez , 774 So. 2d 421, 425 (Miss. 2000) ).

¶12. "[S]tatutory interpretation is a question of law subject to de novo review." Bd. of Supervisors of Clarke Cnty. v. BTH Quitman Hickory, LLC , 255 So. 3d 1261, 1262 (Miss. 2018) (citing Tellus Operating Grp., LLC v. Texas Petroleum Inv. Co. , 105 So. 3d 274, 278 (Miss. 2012) ). "This Court has held that ‘[s]tatutory interpretation is appropriate when a statute is ambiguous or silent on a specific issue.’ " HWCC-Tunica, Inc. v. Miss. Dep't of Rev. , 296 So. 3d 668, 673 (Miss. 2020) (alteration in original) (quoting Lewis v. Hinds Cnty. Cir. Ct. , ...