Sherron G. Bowers VS Firefighters' Retirement System
Annotate this Case
Download PDF
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2006 CA 2386 SHERRON G BOWERS VS FIREFIGHTERS RETIREMENT SYSTEM JUDGMENT RENDERED SEPTEMBER 19 2007 ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT DOCKET NUMBER 521 170 DIVISION M 26 PARISH OF EAST BATON ROUGE STATE OF LOUISIANA HONORABLE KAY BATES JUDGE DANIEL E BROUSSARD ALEXANDRIA STEVEN S STOCKSTILL BATON ROUGE LA BEFORE JR ATTORNEY FOR PLAINTIFF APPELLANT SHERRON G BOWERS LA ATTORNEY FOR DEFENDANT APPELLEE FIREFIGHTERS RETIREMENT SYSTEM GAIDRY MCDONALD AND MCCLENDON n MCDONALD J Ms Sherron Bowers had twelve years of service After District No 4 suffering from genitourinary prolapse she applied for disability retirement benefits Retirement non job After System awarded on non a job review of the related two related occasions benefits rather appealed the Ms Bowers Nineteenth Judicial District Court which reviewed the Retirement Ms Bowers is erred in not elToneous and finding System appealing that System job than case to related final decision to the and affirmed the Retirement Firefighters or an s on System finding that decision violated Article 1 the Louisiana Constitution because it discriminated court abuse of discretion that the trial court erred in not Retirement entitled judgment asserting that the trial arbitrary and capricious secondly asserting was decision s the decision of the um easonable Firefighters Firefighters disability retirement benefits it concluded she Both times retirement disability disability retirement benefits Firefighters the case request the Firefighters Retirement System reconsidered At Ms Bowers the matter the Caddo Fire at the Section 3 of the basis of gender THE APPLICABLE STATUTES Louisiana Revised Retirement A System A in Statutes 11 215 provides for the Firefighters pertinent part member who becomes disabled and who files for and who upon medical examination and certification as provided for elsewhere in this Subpmi is found to be totally disabled solely as the result of disability benefits while in service injuries sustained in the performance of his official duties or for any cause provided the member has at least five years of creditable service and provided that the disability was incurred while the member was an active contributing member in active service shall provisions be entitled disability benefits under the to ofR S 11 2258 B 2 Louisiana Revised Statute 11 2258 B 1 provides in pertinent pmi Any member who is totally disabled from c injury an though the member may have duty less than five years of creditable service shall be paid on a monthly basis an annual pension of sixty percent of the average received in the line of final even compensation being received the time of at disability Any member of the system who has become disabled or incapacitated because of continued illness or as a result of any injury received even though not in the line of duty and who has five years of creditable service but is not eligible for retirement under the provisions of R S 11 2256 may apply for d retirement under the retired on provisions of this Section and shall be seventy five percent of the retirement salary he would be entitled under R S thereunder 11 2256 if he which to were eligible twenty five percent of the member s average salary whichever is greater or ANALYSIS In granting Firefighters Retirement System is 430 So 2d 1310 1983 Rue v Retirement 1314 15 La a 484 So 2d 272 System La 1986 Henning on therefore is unless a not statute Trust So 2d at 1314 characterized or whether the agency Henning or capricious 430 discretionary a La as an opportunity R S adjudication requires So 2d action or at applied can a 333 Moity v an Employees writ denied act or La because the statute to be agency hearing The determination or notice act Delta Bank La 1980 is restricted to to have whether it amounted 3 Carrier v for purposes of the hearing be deemed 1315 16 for 49 951 3 Lassiter 383 So 2d 330 s Cir required by constitution the constitution Company v of Alexandria App 3rd La It is considered The scope of review to be arbitrary City 274 the record after notice and 430 Henning act writ denied 435 So 2d 429 1 Cir App determination of the board is not determined discretionary Board of Trustees of the 488 So 2d 689 the detennination of the denying disability benefits or to a detennination of been an um easonable abuse of power Firefighters Retirement System 06 0775 p 8 La 1 Cir 3 23 07 App denied 07 0829 La 6 107 prolapsed duties relying on from we cannot say the trial finding that the Firefighters F or the disabled arbitrary or foregoing solely not Retirement or an is cast with costs AFFIRMED 4 occupation Retirement as System result of her a was caused finding she did job by a not suffer say that the trial cOUli ened in System s decision abuse of power the trial her genetic predisposition ened in nor can we capricious reasons court accordance with the Uniform Rules Appellant Firefighters childbirth and including gender based discrimination unreasonable or and then disabling the medical evidence that her condition combination of factors Thus The not was was conclude whether to condition concluded that Ms Bowers writ Firefighters Retirement System genitourinary prolapse analyzed the medical evidence caused the 163 957 So 2d 183 A review of the record shows that the first determined that the 960 So 2d 158 court COUlis of or was not discretion judgment is affirmed Appeal Rule in 2 16 1 B
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
