State ex rel. Castle v. State Teachers Ret. Sys.

• Decision Date: 24 March 2016
• Docket Number: No. 15AP–845.,15AP–845.
• Citation: 63 N.E.3d 484
• Parties: STATE of Ohio ex rel. Steve CASTLE, Relator–Appellant, v. STATE TEACHERS RETIREMENT SYSTEM, Respondent–Appellee.
• Court: Ohio Court of Appeals

63 N.E.3d 484

STATE of Ohio ex rel. Steve CASTLE, Relator–Appellant,

v.STATE TEACHERS RETIREMENT SYSTEM, Respondent–Appellee.

No. 15AP–845.

Court of Appeals of Ohio, Tenth District, Franklin County.

March 24, 2016.

On brief: Jones Law Group, LLC, Eric A. Jones, and Dustin R. Garris, Columbus, for appellant. Argued: Eric A. Jones.

On brief: Michael DeWine, Attorney General, John J. Danish, Dayton, and Mary Therese Bridge, for appellee. Argued: John J. Danish.

TYACK

, J.

{¶ 1} Relator-appellant, Steve Castle (“Castle”), appeals from the August 14, 2015 decision and judgment of the Franklin County Court of Common Pleas to deny a writ of mandamus. Castle had been receiving disability retirement benefits from the State Teachers Retirement System (“STRS”), and they were subsequently terminated. He sought a writ of mandamus to compel respondent-appellee, State Teachers Retirement System Board of Ohio (“STRB”), to reinstate his disability benefits. For the reasons that follow, we reverse the judgment of the trial court.

I. FACTUAL AND PROCEDURAL BACKGROUND

{¶ 2} Castle was employed as the Past Immediate Superintendent of the New Albany Plain Local Schools on June 20, 2011, when he was injured as a result of a motor vehicle accident. As a member of STRS, he applied for disability retirement benefits on August 31, 2011. In his initial disability benefit application, Castle reported he sustained internal bodily injuries including: chest, sides, back, and arms; internal brain injury

from severe concussion ; external head wound and scarring; and post traumatic stress, anxiety and depression. In a letter to STRB dated August 25, 2011, and attached to his application, he wrote:

I ask that you please consider providing me disability benefits due to a serious accident that occurred on June 20, 2011. I was driving a Ford Edge and was struck at an intersection by an individual who ran a red light. She caved in my passenger side, spun me around and forced me into another vehicle which then caved in my driver side passenger area of my vehicle. My Ford Edge was totaled in the accident as was the Dodge Durango that she was driving.

I was transported to Riverside Methodist Hospital with severe trauma and remained in the hospital for a two day period. My injuries included a large head wound

which required several stitches, a serious concussion, and internal injuries to my upper extremities.

I have been in therapy since the accident and remain on several medications to help treat pain, inflammation, anxiety, and stomach ailments. I am entering my second month of physical therapy to help treat deep internal pain surrounding my ribs, sternum, side, back, and shoulder. This therapy is scheduled to continue as an important part of the recovery process. I am now entering cognitive therapy due to my post brain injury. Very little progress has been made over the past two months with the after effects of my concussion and as I [sic] result my doctor has recommended that I begin cognitive therapy treatment. This recovery is expected to take up to 12 months as I work through memory loss, lack of concentration, light headedness, and dizziness. I am also due to begin psychological therapy to work through post traumatic stress and anxiety.

I resigned from my previous position effective July 31, 2011 with every intention to find a new position and get started on August 1, 2011. This unexpected accident prevented that from happening and I am now not receiving any pay or able to gain my STRS service credit which is critically important to my expected retirement in 2015. I have also had to purchase COBRA insurance to maintain health and dental insurance.

My doctor and I are confident that this recovery process resulting from the accident will not require permanent disability. That being said, it is evident that the treatment and recovery process will take several more months. Therefore, I am making this request of disability benefit assistance at this time and ask that you please give it careful consideration.

I have submitted all of the required documents for your review. Please let me know if you need anything else at this time. Thank you.

Steve Castle

(Aug. 25, 2011 Disability Benefit Request Letter)

{¶ 3} Castle's attending physician, Sreeharei Cherukuri, M.D., a doctor of internal medicine, initially submitted an application dated August 25, 2011, stating that Castle was incapacitated for the performance of duty and that the disability is not considered to be permanent. Apparently, this was unacceptable to STRB despite Ohio law that provides that members who are unable to perform their duties for at least 12 months from receipt of their completed application because of a physical or mental condition may apply for disability benefits. R.C. 3307.62(C)

. Dr. Cherukuri then submitted a second report and recommendation dated September 14, 2011, stating that the disability was considered to be permanent.

{¶ 4} Richard H. Clary, M.D., a psychiatrist, reviewed records and conducted a 90–minute psychiatric evaluation of Castle on October 14, 2011 at the request of Earl N. Metz, M.D., the chair of the Medical Review Board (“MRB”). Dr. Clary diagnosed Castle with depression, anxiety, and cognitive disorder

as the result of post concussion syndrome. He also noted injuries to the ribs, chest, and left shoulder as a result of the motor vehicle accident. He concluded as follows:

I reviewed medical records from Riverside Hospital as well as records from Millhoun Clinic. Some medical records indicate a diagnosis of PTSD but I did not find evidence of PTSD during my evaluation.

Mr. Castle has a history of “anxiety and stress” and has been taking Lexapro

for at least 10 years. In my medical opinion, his symptoms have gotten worse since the accident on 6/20/11. He continues to have some cognitive problems as the result of the post concussion syndrome.

In my medical opinion, Mr. Castle is receiving appropriate treatment for his injuries. In my medical opinion, he is unable to perform the duties of a school superintendent and should be considered for disability retirement.

(Certified Record of Proceedings, Report of Richard H. Clary, M.D., 85.)

{¶ 5} Notwithstanding this recommendation, in October of 2011, the MRB requested a delay of Castle's case until they received the results of neuropsychiatric testing scheduled for December of 2011.

{¶ 6} Philip Whatley, PhD., a neuropsychologist, dictated a report summarizing five hours of neuropsychological testing on December 7, 2011, and an additional three hours of neuropsychological testing conducted on December 30, 2011.

{¶ 7} He indicated that Castle complained of dizziness, headaches, balance problems, concentration problems, memory problems, vision problems, numbness/tingling problems, sleeping, and depression. Castle was given a large battery of tests. According to Whatley, Castle performed well below expectations on most neuropsychological measures. Whatley attributed Castle's sub par performance on certain tests to someone who “is experiencing severe emotional duress which likely adversely affected his performances on neuropsychological tests.” (Certified Record of Proceedings, Report of Philip Whatley, PhD., 96.) Whatley further stated:

Unfortunately, Dr. Castle should strongly consider permanent disability and retirement at this time. His findings are entirely consistent with a severe Post–Concussive syndrome

and Post Traumatic Stress Disorder. Although it is likely that his poor performances were adversely affected by emotional factors,

he may also be demonstrating evidence of organic changes as well.

(Certified Record of Proceedings, Report of Philip Whatley, PhD., 96.)

{¶ 8} Whatley recommended the following:

1. The patient should immediately apply for long-term disability/retirement.

2. The patient should strongly consider individual and couples psychotherapy with a focus of reducing his symptoms of posttraumatic stress disorder

.

3. The patient should strongly consider cognitive rehabilitation with the goals of improving attention, concentration and processing speed.

4. The patient may need to be in chronic pain management program. He should certainly follow up with Dr. Anderson. He may require the services of a pain specialist as well.

5. The patient may benefit from antidepressant medication.

6. The patient may benefit from stimulant medication designed to improve attention and concentration. However, I respectfully defer decisions regarding all pharmacological interventions to Dr. Anderson.

7. Dr. Castle should consider neuropsychological re-evaluation in approximately one year in order to ascertain if his cognitive and emotional functioning has improved.

(Certified Record of Proceedings, Report of Philip Whatley, PhD., 97.)

{¶ 9} Dr. Kevin J. Anderson, Castle's primary care physician, submitted a report dated January 13, 2012, documenting several follow-up visits over a period of time, with the latest visit being on January 5, 2012. With respect to Castle's post concussion syndrome

, Dr. Anderson stated in pertinent part:

I had a long discussion with steve. I find the neuropsych testing to be very significant as it elucidated a very significant degree of impaired cognitive functioning. was very blunt with him and told him he may improve over time and he may not. he has exhausted the benefit of his original therapy which is geared more to acute brain injury

and speech issues. will see if we can find him therapy geared more toward treating what is now more chronic brain injury. I spent 45 minutes with steve today. in my opinion he is totally and permanently disabled. he clearly cannot return to a position that requires high executive functioning, quick and reasonable decision making and multitasking. again, his impairment was quite dramatically quantitated with his neuropsych testing performance.

(Sic passim.) (Certified Record of Proceedings, Report of Kevin J. Anderson, M.D., 102.)

{¶ 10} On January 21, 2012, Robert A. Bornstein, Ph.D., a...