2014 IL App (1st) 131066
Ill. App. Ct.2014Background
- Gabriel Scepurek, a Northbrook firefighter/paramedic of 20+ years, applied for a duty-related disability pension after sustaining a back injury while performing CPR on May 25, 2010 and becoming permanently unable to perform his duties.
- Contemporaneous incident reports documented immediate onset of severe back pain; Scepurek was treated in the ER, underwent imaging, epidural injections, FCEs, and was placed at maximum medical improvement with permanent restrictions.
- Treating orthopedists (Drs. Lorenz and An) and the three independent physicians selected under the Pension Code (Drs. Bernstein, Shapiro, and Nolden) concluded Scepurek was permanently disabled and that the May 25, 2010 incident contributed to his disability.
- The Board found Scepurek permanently disabled but ruled the disability was caused solely by preexisting degenerative lumbar conditions and not by the on-duty CPR incident; it also questioned Scepurek’s credibility based on courtroom demeanor.
- The circuit court affirmed the Board; Scepurek appealed. The appellate court reviewed the Board’s decision under the manifest-weight-of-the-evidence standard and amended the record to include the circuit-court hearing transcript under Ill. S. Ct. R. 329.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Scepurek’s May 25, 2010 on-duty CPR injury contributed to his permanent disability | The CPR incident precipitated/aggravated his back condition and was a causative factor for permanent disability | The permanent disability was caused solely by degenerative preexisting lumbar disease; the May 2010 incident did not contribute | Reversed: the Board’s causation finding was against the manifest weight of the evidence; medical opinions uniformly linked the on-duty incident to the disability |
| Whether the Board properly weighed medical evidence and credibility | Board should credit unanimous medical opinions that the incident contributed to disability | Board may assess credibility and resolve conflicts in evidence | Reversed: Board improperly disregarded unanimous medical opinions and relied on lay conjecture and demeanor-based credibility finding without conflicting evidence |
| Standard of review for pension-board factual findings | Defer to board unless findings are against manifest weight | Same; defend board’s factual findings | Court applied manifest-weight standard and found the opposite conclusion clearly evident given the record |
| Admissibility/supplementation of transcript on appeal | Transcript should be part of record; Rule 329 allows supplementation | Transcript was attached late by appellee and not properly in record | Court amended the record under Rule 329 and considered the transcript to avoid prejudice |
Key Cases Cited
- Kouzoukas v. Retirement Board of the Policemen’s Annuity & Benefit Fund, 234 Ill. 2d 446 (Ill. 2009) (agency denial may be reversed when causation finding is against the manifest weight of the evidence)
- Marconi v. Chicago Heights Police Pension Board, 225 Ill. 2d 497 (Ill. 2007) (board findings are prima facie true but deference is not boundless)
- Wade v. City of North Chicago Police Pension Board, 226 Ill. 2d 485 (Ill. 2007) (duty-related aggravation of a preexisting condition can support a disability pension)
- Provena Covenant Medical Center v. Department of Revenue, 236 Ill. 2d 368 (Ill. 2010) (appellate review addresses the administrative decision, not the trial court’s ruling)
- Robbins v. Board of Trustees of the Carbondale Police Pension Fund, 177 Ill. 2d 533 (Ill. 1997) (affirmance is required only if there is evidentiary support in the administrative record)