Legal Opinion · Dissent

Knight v. Public Employees' Retirement System

Mississippi Supreme Court

Decided December 18, 2012No. 2010-CT-01586-SCTPublished

1DissentCarlson, Presiding Justice

¶ 34. Because I disagree with the majority as to whether Dorothy Knight met her burden of proof for disability retirement benefits, I respectfully dissent.

¶ 35. Knight retired from the State in 2006 and sought non-duty-related disability benefits for pain in her feet, which she claimed made it impossible to do her job.3 PERS denied her request for disability, stating that it could not award disability for pain if Knight could not produce an objective reason or medical illness causing the pain. Knight did not produce sufficient medical evidence and, although she saw many doctors, none said…

2Cases cited13 opinions

  1. PERC v. MarquezMississippi Supreme Court · 2000
  2. PUBLIC EMP. RETIREMENT SYSTEM v. DishmonMississippi Supreme Court · 2001
  3. PERS v. HowardMississippi Supreme Court · 2005
  4. PERS v. DearmanMississippi Supreme Court · 2003
  5. Fulce v. PUBLIC EMPLOYEES RETIREMENT SYSTEMMississippi Supreme Court · 2000

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