2018 IL App (1st) 172350
Ill. App. Ct.2019Background
- Steven Covello, a Schaumburg firefighter hired in 1995, had a long preexisting history (since at least 2007) of anxiety, depression, hoarding, IBS/GERD, and related treatment by Dr. Thomas Dennison.
- On November 1, 2008, Covello responded as paramedic to an "officer down" call for Officer Frank Russo; Russo later died. Covello continued to work thereafter and did not immediately seek work-related counseling or miss shifts for that incident.
- In January 2013 Covello aggravated a preexisting hernia, went on medical leave, and eventually stopped working; while off work he began intensive therapy with Dr. Donna Ripley, who diagnosed PTSD attributed to the 2008 Russo call.
- Covello applied for a line-of-duty disability pension (alternatively nonduty). Independent board-appointed psychiatrists and other evaluators agreed he was permanently disabled but disagreed whether the 2008 incident caused or substantially contributed to his condition.
- The Pension Board granted a nonduty disability pension effective December 5, 2014 (creditable service date), denying line-of-duty benefits for lack of causal link; Covello sought administrative review and lost in circuit court. He appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an act of duty contributed to or aggravated Covello's disability (causation for line-of-duty pension) | Covello: the Board misapplied the standard—only needed to show duty act contributed (not sole or primary cause). | Pension Board/Village: record shows no causal link; independent experts and Covello's post-incident conduct undermine a duty causation finding. | Held: Affirmed—manifest weight of evidence supports Board's finding that the 2008 call did not contribute causally to his permanent disability; nonduty pension affirmed. |
| Appropriate standard of review | Covello: mixed question → clearly erroneous standard. | Pension Board/Village: purely factual → manifest-weight-of-evidence standard. | Held: Manifest weight of the evidence standard applies to the factual causation determination. |
| Effective date / ability to purchase additional service credit after hearing | Covello: Board should modify effective date to Feb 13, 2015 (after he could purchase extra 10 weeks to reach 20 years). | Pension Board: effective date set at Dec 5, 2014; no obligation to accept purchase or expressly rule posthearing. | Held: Covello forfeited the argument by not obtaining an express posthearing ruling at the administrative level; no basis to remand. |
| Whether Board violated Open Meetings Act by deciding effective date in closed session without written explanation | Covello: required post-closed-session written decision explaining effective-date reasoning. | Pension Board: decision implicit in final order; no reversible error shown. | Held: Forfeited—no entitlement shown and no authority requiring change; Board’s written decision set effective date. |
Key Cases Cited
- Wade v. City of North Chicago Police Pension Board, 226 Ill.2d 485 (Ill. 2007) (causation for duty disability is a factual inquiry; aggravation of preexisting conditions can qualify)
- Marconi v. Chicago Heights Police Pension Board, 225 Ill.2d 497 (Ill. 2006) (standard for reviewing pension board factual findings)
- Abrahamson v. Illinois Department of Professional Regulation, 153 Ill.2d 76 (Ill. 1992) (administrative-review court will not reweigh evidence or make credibility determinations)
- Cinkus v. Village of Stickney Municipal Officers Electoral Board, 228 Ill.2d 200 (Ill. 2008) (claims not raised administratively are forfeited on review)
- Thigpen v. Retirement Board of Firemen’s Annuity & Benefit Fund, 317 Ill. App.3d 1010 (Ill. App. 2000) (elements required for line-of-duty disability pension)
- Village of Oak Park v. Village of Oak Park Firefighters Pension Board, 362 Ill. App.3d 357 (Ill. App. 2005) (preexisting conditions and cumulative-duty effect principles in duty-disability claims)