Lovins v. Ky. Ret. Sys. & Bd. of Trs. of the Ky. Retirment Sys., 2016-CA-000095-MR
| Decision Date | 12 May 2017 |
| Docket Number | NO. 2016-CA-000095-MR,2016-CA-000095-MR |
| Parties | LISA LOVINS APPELLANT v. KENTUCKY RETIREMENT SYSTEMS AND BOARD OF TRUSTEES OF THE KENTUCKY RETIRMENT SYSTEMS APPELLEES |
| Court | Kentucky Court of Appeals |
NOT TO BE PUBLISHED
APPEAL FROM FRANKLIN CIRCUIT COURT
Lovins was employed as a family support specialist with the Cabinet for Health and Family Services from May 1994, until her last day of paid employment on April 2, 2010. Lovins's position was sedentary and involved registering individuals for public assistance benefits. Lovins initially filed a claim for disability retirement benefits in May 2000, alleging she suffered from chronic pain, fibromyalgia, degenerative disc disease, major depression, and chronic anxiety disorder. The Medical Review Board denied the application. In February 2001, Lovins filed a workers' compensation claim alleging she sustained cumulative trauma injuries to her low back and neck as a result of her employment. An ALJ issued an opinion and order dismissing Lovins's claim in December 2001. In May 2010, Lovins filed a second application for disability retirement benefits based on several health conditions, including bipolar II disorder and severe anxiety disorder.1 Lovins alleged she was disabled from performing her job duties due to constant pain and the stress of a hostile work environment created by her supervisor. Lovins submitted voluminous medical records covering approximately twenty years of treatment. The Medical Review Board denied Lovins's application, concluding there was no objective medical evidence of permanent disability.
Lovins requested an administrative hearing and submitted a "Mental Residual Functional Capacity Questionnaire" completed by her treating psychiatrist, Dr. Robert Elliot. The report noted Dr. Elliot had a fifteen-minute medication management visit with Lovins every three months. Dr. Elliot diagnosed Lovins with Bipolar II disorder and panic disorder without agoraphobia. Dr. Elliot's clinical findings indicated severe depression, anxiety, and impaired concentration and memory. Dr. Elliot asserted Lovins's depression and anxiety caused cognitive impairments that limited her functional abilities. He further opined her mood and behavioral changes would interfere with her ability to consistently perform in a job. Dr. Elliot indicated Lovins's mental impairments did not preexist her employment date of May 14, 1994. Lovins testified at the hearing, asserting her workload doubled after a new supervisor was hired. She stopped working in February 2010, because she was overloaded with clients and experienced manic-depressive episodes. While Lovins acknowledged her employment evaluation was graded "highly effective" one month before she left her job, she refused to sign the evaluation because she believed she deserved a higher score. Regarding her anxiety, Lovins testified she was first diagnosed in 1995, and she felt Xanax controlled her symptoms. Lovins disputed the accuracy of a treatment note from Mountain Comprehensive Health in 1991, wherein she complained of a history of anxiety with chest pain and received a prescription for Valium.
The hearing officer rendered lengthy findings of fact and conclusions of law, which summarized all of the evidence contained in the record and recommended denying Lovins's claim for benefits. The hearing officer found Lovins gave conflicting testimony and was not a credible witness. The hearing officer also questioned the credibility of Dr. Elliot's opinion because Lovins's pre-employment medical records indicated treatment for anxiety in 1991 and depression in 1993. The hearing officer concluded Lovins's diagnosis of bipolar disorder was not pre-existing; however, the hearing officer determined Lovins failed to establish she was permanently incapacitated from performing her former job or a job of like duties. The Board of Trustees adopted the recommended order denying Lovins's claim for retirement disability benefits. Thereafter, Lovins filed a petition for review in the Franklin Circuit Court alleging uncontradicted medical evidence established she was permanently disabled as a result of bipolar disorder. The circuit court affirmed the Board's decision, and this appeal followed.
"'In its role as a finder of fact, an administrative agency is afforded great latitude in its evaluation of the evidence heard and the credibility of witnesses, including its findings and conclusions of fact.'" McManus v. Ky. Ret. Sys., 124 S.W.3d 454, 458 (Ky. App. 2003). As Lovins was unsuccessful before the Board, she is entitled to prevail on appeal only if the evidence in her favor was "so compelling that no reasonable person could have failed to be persuaded by it." Id.
Kentucky Revised Statutes (KRS) 61.600 sets forth the criteria for disability retirement. The statute requires a determination, based on objective medical evidence, as to whether the claimant has been permanently incapacitated by injury,...
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