State ex rel Tessier v. State Teachers Retirement Sys.
2017 Ohio 4265
| Ohio Ct. App. | 2017Background
- Relator Tessier sought mandamus to compel STRS to process a second disability-benefits application after a MRB chair voided it (Sept. 2, 2015).
- First application (May 19, 2014) initiated disability review; MRB required psychiatric treatment for four months before further consideration.
- Independent medical examiners (Steinberg, Venesy) opined Tessier was not permanently incapacitated; MRB recommended denial (Aug. 2014).
- Relator appealed the denial (Dec. 16, 2014) and submitted new medical information; STRS continued to deny disability benefits (Feb. 2015).
- Second application filed June 3, 2015 and received July 30, 2015, listing six conditions and new treating physicians (Dale, Vatev, Higgins).
- STRS informed Tessier that the second application was voided on Sept. 2, 2015 under then-existing rule, later amended in 2016 to grant MRB chair finality; magistrate concluded STRS abused discretion by treating void as final without MRB review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to void second application | MRB chair lacked authority to issue a final voiding decision. | STRS followed pre-amend rule that permitted voiding after review by MRB chair. | MRB chair lacked finality authority; voiding improper. |
| Availability of mandamus | Mandamus is proper to compel processing of a valid second application. | No mandamus if STRS did not abuse discretion; final void order stands. | Mandamus proper to require processing and vacate void finding. |
Key Cases Cited
- Pipoly v. State Teachers Retirement Sys., 95 Ohio St.3d 327 (Ohio 2002) (mandamus remedy for STRS abuse of discretion; no need for exploring weight of evidence duty)
- Woodman v. Ohio Pub. Emps. Retirement Sys., 144 Ohio St.3d 367 (Ohio 2015) (abuse of discretion if decision not supported by some evidence)
- Nese v. State Teachers Retirement Bd. of Ohio, 136 Ohio St.3d 103 (Ohio 2013) (no required heightened weight to attending physician's report in disability decisions)
- Bell v. Indus. Comm., 72 Ohio St.3d 575 (Ohio 1995) (Industrial Commission not required to give enhanced weight to treating physicians)