ROBERT E. BRANTLEY, APPELLANT,
v.
DIVISION OF RETIREMENT, APPELLEE
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Robert Brantley appeals a Florida Retirement Commission decision denying him ordinary disability retirement benefits. The court remands for a new hearing, finding the Commission's decision was not supported by substantial evidence because it failed to adequately consider the treating psychiatrist's testimony regarding Brantley's mental disability.
The court held that the Florida Retirement Commission's decision denying disability retirement benefits was not supported by substantial evidence and therefore reversed the decision, remanding for a new hearing. The Commission failed to adequately consider the treating psychiatrist's testimony, despite the examining internist's deference to the psychiatrist's expertise regarding mental disability.
[1] A retirement commission's decision is not based on substantial evidence when it fails to adequately consider the testimony of a treating psychiatrist to whom a medical do…
[2] A claimant may be entitled to ordinary disability retirement if disabled as of the date of termination, even if the disability is mental in nature.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“He is currently under the care of a psychiatrist who would be in a better position to determine how disabling his mental aberrations would be. In my opinion, it is only in that area that he would be totally and permanently disabled from rendering useful and efficient service as an officer or employee.”
Dr. Halpern's written statement to the Division of Retirement acknowledging the psychiatrist's superior position to assess mental disability, which the Commission failed to adequately consider.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBrantley was employed by Metro-Dade County and the Dade County Board of Public Education with 19.7 years of creditable service in the Florida Retireme…
The full statement of facts, procedural history, and disposition for this case are member content.
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SHIVERS, Judge.
This is a case of entitlement to an ordinary disability retirement. Robert E. Brantley appeals from adverse decision of the Florida Retirement Commission, which ruled that he was not entitled to disability retirement pursuant to § 121.091(4)(f), Fla. Stat. in that he was not disabled as of the date of his termination. We remand for a new hearing.
Appellant was employed with Metro-Dade County and Dade County Board of Public Education. He had accumulated 19.7 years of creditable service in the Florida Retirement System. Although a “good worker” in the past, he was terminated as a result of “failing health” by the school system, and for absenteeism due to “illness” by Metro-Dade County. The date of termination was April 20, 1981.
In March and May of that year, he applied for disability benefits citing a variety of somatic ills, including chest and leg pain, fatigue, and lack of energy. In May of 1982, he began to see Dr. Gonzalez, a psychiatrist, who diagnosed Mr. Brantley as suffering from chronic, undifferentiated schizophrenia.
Armed with this information, he applied to the State Retirement Commission. The Division of Retirement had Appellant Brantley evaluated by Dr. Halpern, an internist, who found appellant to be physically, perfectly normal, and that from the medical standpoint, he would not give Brantley any degree of disability at all. The Commission adopted the findings of Dr. Halpern as the findings of the Commission. Although the Commission made reference to the testimony of Dr. Gonzalez, it made no note that on May 21, 1982, Dr. Halpern wrote the Division of Retirement about appellant:
He is currently under the care of a psychiatrist who would be in a better position to determine how disabling his mental aberrations would be. In my opinion, it is only in that area that he would be totally and permanently disabled from rendering useful and efficient service as an officer or employee.
Dr. Gonzalez, appellant’s psychiatrist, testified that the onset of a condition such as appellant’s may be insidious and generally begins in a person’s twenties or thirties. Mr. Brantley was 42. His supervisors and co-workers testified that his actions at work had changed in the year prior to his termination. He would say things and when questioned about it would deny speaking. He would start to speak and not finish and would say things out of the ordinary. He would talk to himself. He would not eat and began to lose weight. Dr. Gonzalez was of the opinion that at present Mr. Brantley was totally disabled.
This court’s standard of review is limited by § 121.23(4), Fla.Stat. (1983). Kennedy v. Wiggins, 368 So. 2d 454 (Fla. 1st DCA 1979). The function of this court is not to substitute its judgment or discretion for that of the Commission, nor weigh the evidence on a disputed finding of fact where there is substantial evidence.
In this case, however, we find that the decision was not based on substantial evidence and must therefore reverse.
Appellant’s contention and proof are that he is disabled as a result of chronic undifferentiated schizophrenia, which had its onset prior to the appellant’s termination date. The Board appeared to scantly consider the testimony of the treating psychiatrist, Dr. Gonzalez, to whom Dr. Halpern, the medical doctor, deferred in regard to the appellant’s mental condition.
We therefore hold the action of the Commission was not based on substantial evidence, and remand for a new hearing.
BOOTH and ZEHMER, JJ., concur.
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Citator
Cited By
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Drew v. Division OF Retirement, 640 So. 2d 1190 (Fla. 1st DCA 1994)…ntitled to a disability benefit. There is no requirement in this statutory scheme that the member of the retirement system be presently employed at the time he or she becomes permanently and totally disabled. See, Brantley v. Division of Retirement, 463 So. 2d 1222 (Fla. 1st DCA 1985). Whether or not appellant’s disability was caused by an injury or disease sustained by her during her employment is a factual issue to be determined from all the evidence, and it was therefore reversible error for the Commission…
Authorities Cited
- Kennedy v. Ruby N. Wiggins & the Ret. Comm'n of the State of Fla., 368 So. 2d 454 (Fla. 1st DCA 1979)