The opinion
STATE OF MAINE
CUMBERLAND, ss.
SUPERIOR COURT
CIVIL ACTION
DOCKET NO. AP-05-019
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GAIL DERICE,
Appellant
v.
MAINE STATE RETIREMENT
SYSTEM,
Appellee
This case comes before the Court on Petitioner Gail Dericefs appeal from a
final decision of the Board of Trustees of the Maine State Retirement System
denying her an award of disability benefits pursuant to M.R. Civ. P. 80C.
FACTUAL BACKGROUND
The Board of Trustees of the Maine State Retirement Systein found the
following facts. In February 1998, Petitioner began receiving disability
retirement benefits as a result of post-traumatic stress disorder (PTSD),
depression, and panic disorder with agoraphobia.' Her condition was caused by
a physical attack by a student in Windam, Maine, where she was working as an
art teacher. In 2003, Petitioner started her own incorporated business as a
medical aesthetician performing clinical skin care. She sought retraining for t h s
occupation w h l e she was receiving disability benefits. Although Petitioner has
YO full-time employees, a massage therapist, and a receptioi~ist,her 2003 tax
records indicate that her business operated at a loss of over $35,000.
1 Agoraphobia is an anxiety disorder whereby one has a fear of public places.
Doctor Carlyle Voss, a psychiatrist, has evaluated Petitioner on three
occasions, in 1998,2002, and 2004. In 2002, Doctor Voss concluded that Petitioner
did not meet the diagnostic criteria for a psychiatric disorder. In 2004, Doctor
Voss stated in his report that Petitioner had "essentially recovered" from the
effects of the traumatic episode that occurred while she was teachng and that
she was able to function with minimal limitation. At the hearing before the
Board, Petitioner's treating psychotherapist, Doctor Linda Doyle, testified that
she agreed ulith Doctor Vossfs 2004 report, however she did not think that
Petitioner had made a full recovery. Doctor Doyle further testified that although
self-employment is a good fit for Petitioner at this time, it is not the only way
Petitioner could succeed professionally. According to Petitioner's own
testimony, she can work for any doctor in the Portland area as a medical
aesthetician. The Board ultimately concluded that while Petitioner still has
symptoms of her disorders, they do not render her "disabled" and unable to
perform all the functions of a full-time job as an aesthetician.
DISCUSSION
Petitioner contends that she remains disabled because she is unable to
return to teaching. Petitioner further contends that because her business is
operating at a loss, she is not able to engage in substantially gainful activity and
should still receive disability benefits. When the Superior Court acts as an
intermediate appellate court it reviews the decision of the Board directly for
"errors of law, abuse of discretion or findings of fact unsupported by competent
and substantial evidence in the record." Riclzarsoi~v. Board of Tr~~stees
of the Maine
State Retiremeizt Systenz, 1998 ME 171, T4, 714 A.2d 154, 156. As the party seelung
to overturn the agency decision, Petitioner must demonstrate that "no competent
evidence supports the Board's decision and that the record compels a contrary
result." Id.
Pursuant to 5 h4.R.S.A. 5 17929(B)(4),"if it is determined, on the basis of the
examinations or tests . . . that the disability of a person no longer exists, the
payment of the disability retirement benefit ceases." The follo~wingconditions
render a person is mentally or physically disabled:
A. The incapacity is expected to be permanent;
B. That it is impossible to perform the duties of the member's
employmei~tposition;
C. After the incapacity has continued for 2 years, the incapacity must
render the member zuzable to clrgage i n a ~ z ysubsfrrntirrlly gai77fUl activity'
for which the member is qualified by training, education or
experience; and
D. The incapacity may be revealed by examinations or tests conducted in
accordance urith section 17926.
5 M.R.S.A. 5 17921 (emphasis added).
Petitiol~er'sbelief that the determination of whether she is disabled depends
on whether she can return to her teaching position is misguided. Pursuant to the
statute, if Petitioner is able to engage in any substai~tiallygainful activity for
which she is qualified by training, she is no longer disabled.
In this case, the record is replete of competent and substantial evidence
supporting the Board's decision. ~ l t h o u g hPetitioner has not made a full
recovery, Doctor Voss and Doctor Doyle agree that she no longer suffers from
tlie debilitating conditions she exhibited in 1998. Furthermore, Petitioner has
taken the initiative to become trained as a medical aesthetician. She started her
2Substai~tialgainful activity means the ability to perforin work resulting in
annual earnings that exceeded 80% of her average final compensation as
adjusted for inflation, w h c h amount is $29,848.86. Rules of the Maine State
Retirement System, Chapter 507(1)(A)(2).
own business and hires and supervises employees. According to Doctor Doyle,
however, self-employment is not the only professional path for Petitioner.
Rather, she has the opportunity to work as a medical esthetician for any doctor in
Portland, which would amount to a substantially gainful activity for whch she is
qualified. Based on the foregoing evidence, the Board had substantial evidence
to conclude that Petitioner is no longer disabled and that her benefits should
cease.
The decision of the Board of Trustees of the Maine Retirement System is
AFFIRMED.
< OF COURTS
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Maine 041 12-0287
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AUGUSTA ME 04333
:OF COURTS
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