Public Employees' Retirement System v. Dishmon

¶41. I respectfully dissent from the majority’s opinion, as it appears to me there is substantial evidence to support PERS’ decision and, in my opinion, the circuit court improperly reweighed the evidence. As an administrative agency, PERS sits as the finder of fact, not the reviewing court. Pub. Employees’ Ret. Sys. v. Cobb, 839 So.2d 605, 609 (Miss.Ct.App.2003). Neither the circuit court nor this Court can reweigh the evidence, as it appears to have done at present.

¶ 42. The majority cites PERS’ failure to contest the evidence provided by Dish-mon’s doctor or to submit Dishmon to an…