2018 IL App (4th) 180196
Ill. App. Ct.2018Background
- Mark Ashmore, a former Bloomington patrol officer, injured his left arm/shoulder after slipping while pushing a stuck car out of the snow on duty in February 2014.
- He applied for a disability pension in December 2015 asserting a line-of-duty disability (65% pay) rather than a not-on-duty disability (50% pay).
- Three independent examiners (Drs. Alpert, Anderson, and treating Dr. Greenberg) concluded Ashmore is disabled with permanent restrictions; one examiner (Dr. Stiehl) concluded he was not disabled but acknowledged permanent deficits and lifting/grip restrictions.
- The Bloomington Police Pension Board credited Stiehl, found Ashmore ‘‘less than credible,’’ and denied benefits as not disabled; it did not reach whether the injury was an "act of duty." The circuit court affirmed.
- The appellate court reviewed the administrative record, rejected the Board’s credibility and reliance on Stiehl, and found the preponderance of medical evidence established disability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board’s finding that Ashmore is not disabled is against the manifest weight of the evidence | Ashmore: medical and testimonial evidence show permanent left-arm dysfunction preventing full patrol duties | Board: credited Stiehl and found Ashmore’s testimony unreliable, so no disability | Reversed — Board’s finding was against the manifest weight; majority of credible medical evidence establishes disability |
| Whether the injury arose from an "act of duty" (entitling Ashmore to a line-of-duty pension) | Ashmore: pushing a car that obstructed traffic and access was part of his duty to keep ways clear and protect life/property | Board: did not reach the issue (because it found no disability) | Held Ashmore was performing an act of duty; entitled to a line-of-duty pension |
Key Cases Cited
- Roselle Police Pension Board v. Village of Roselle, 232 Ill. 2d 546 (discusses categories of police disability pensions)
- Wade v. City of North Chicago Police Pension Board, 226 Ill. 2d 485 (agency cannot credit a medical opinion that fails to consider material evidence)
- Sarkis v. City of Des Plaines, 378 Ill. App. 3d 833 (when facts are undisputed, whether injury was an act of duty is a question of law)
- Bowlin v. Murphysboro Firefighters Pension Bd. of Trustees, 368 Ill. App. 3d 205 (agency decision may be set aside if against manifest weight of evidence)