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PUBLIC EMPLOYEES' RET. SYSTEM v. McDONNELL

No. 2010-SA-00483-COA.

70 So.3d 264 (2011)

PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Appellant v. Susan McDONNELL, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied June 28, 2011.

Certiorari Denied September 22, 2011.

Attorney(s) appearing for the Case

Mary Margaret Bowers , Katherine Lester Trundt , attorneys for appellant.

Quentin P. McColgin , attorney for appellee.

Before LEE, C.J., BARNES and MAXWELL, JJ.

BARNES, J., for the Court:

¶ 1. The Public Employees' Retirement System of Mississippi (PERS) denied non-duty related disability benefits to Susan McDonnell, who appealed the denial to the Hinds County Circuit Court. The circuit court reversed the PERS decision, and PERS now appeals. Finding that the denial of disability benefits by PERS was not supported by substantial evidence and was, thus, arbitrary and capricious, we affirm the circuit court's judgment....

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