Hopkins v. Board of Trustees of the Firefighters Pension Fund
2016 IL App (5th) 160006
| Ill. App. Ct. | 2017Background
- Larry Hopkins, longtime East St. Louis firefighter, applied for a line-of-duty disability pension based on cumulative effects of two on-duty head injuries (July 5, 2009 and May 23, 2011).
- Hopkins returned to full duty after each injury but later stopped working in November 2012, citing inability to tolerate firefighting headgear and pain; he also worked a second job at U.S. Steel.
- The Board appointed three physicians (Drs. Wilkey, George, Robson) who all concluded Hopkins was totally disabled from firefighting due to the on-duty injuries; the City relied on an earlier IME by Dr. Katz (2009) who opined Hopkins was non-duty disabled before the first injury.
- The Board denied a line-of-duty pension, relying on Dr. Katz and finding Hopkins only eligible for a not-on-duty pension (which Hopkins had not claimed).
- The circuit court reversed the Board, finding the Board improperly relied on Dr. Katz’s outdated and incomplete opinion and that the manifest weight of evidence established Hopkins’s line-of-duty disability.
- The Fifth District affirmed the circuit court: the Board’s reliance on Dr. Katz was against the manifest weight of the evidence given the three Board-selected IME reports supporting line-of-duty disability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports Board's finding that no on-duty incidents caused or contributed to Hopkins’s disability | Hopkins: cumulative on-duty injuries caused/aggravated disability; three Board IME doctors support line-of-duty disability | City: Board reasonably credited Dr. Katz’s earlier report and properly discounted the IME doctors and Hopkins’s testimony | Court: Board’s reliance on Dr. Katz (who lacked key facts and did not address second injury) was against the manifest weight; line-of-duty disability established |
| Whether circuit court applied wrong standard of review | Hopkins: circuit court correctly found Board decision against manifest weight; mixed legal/factual review not necessary to change outcome | City: circuit court used “clearly erroneous” (mixed standard) instead of manifest weight for factual matters | Court: underlying question is factual; circuit court also explicitly found Board decision against manifest weight; outcome affirmed |
| Whether circuit court erred in reversing Board and awarding line-of-duty pension | Hopkins: reversal proper because Board ignored three Board-selected IME opinions and relied on an outdated adverse report | City: reversal improper because substantial evidence (Dr. Katz) supported Board and IME reports were flawed/incomplete | Court: reversal proper; manifest weight favors Hopkins and Board erred by selectively relying on Dr. Katz |
| Whether preexisting conditions or secondary employment defeat line-of-duty nexus | Hopkins: duty incidents were a causative/contributing factor despite preexisting conditions and secondary work | City: Hopkins’ preexisting conditions and ability to work at U.S. Steel show disability was non-duty and IME reports were unreliable | Court: preexisting conditions do not preclude line-of-duty pension where duty incidents causatively contributed; IMEs and testimony provide sufficient nexus |
Key Cases Cited
- Wade v. City of North Chicago Police Pension Board, 226 Ill. 2d 485 (supreme court of Illinois) (agency may not rely on a medical opinion that ignores material records; selective reliance can render decision against manifest weight)
- Marconi v. Chicago Heights Police Pension Board, 225 Ill. 2d 497 (supreme court of Illinois) (standards for reviewing pension board factual and mixed questions)
- Abrahamson v. Illinois Department of Professional Regulation, 153 Ill. 2d 76 (supreme court of Illinois) (definition of "against the manifest weight of the evidence")
- Bowlin v. Murphysboro Firefighters Pension Board of Trustees, 368 Ill. App. 3d 205 (App. Ct.) (reviewing court may reject agency findings that contradict manifest weight)
- Barber v. Board of Trustees of the Village of South Barrington Police Pension Fund, 256 Ill. App. 3d 814 (App. Ct.) (duty-related incident need not be primary cause; sufficient nexus required)