880 So. 2d 348 - PERS v. Smith’s Empirical Analysis
2004
Citation profile
7 state decisions
Relationships
Relies on 774 So. 2d 421 - PERC v. Marquez · 604 So. 2d 312 - McGowan v. Miss. State Oil & Gas Bd. · 797 So. 2d 888 - PUBLIC EMP. RETIREMENT SYSTEM v. Dishmon · Shannon Eng. & Const., Inc. v. Emp. SEC. Com'n · 706 So. 2d 258 - Brinston v. PERS
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Upon the application of a member or his employer, any active member in state service who ... has at least four (4) years of membership service credit ... may be retired by the board of trustees ... provided that the medical board, after an evaluation of medical evidence that may or may not include an actual physical examination by the medical board, certifies that the member is mentally or physically incapacitated for the further performance of duty, that the incapacity is likely to be permanent, and that the member should be retired.”
1 later decision quote this exact passage“Neither this Court nor the circuit court is entitled to substitute their judgment for that of PERS, and it is impermissible for a reviewing court to reweigh the facts of the case.”
1 later decision quote this exact passage“There is a rebuttable presumption in favor of a PERS ruling.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.