2020 IL App (1st) 191161
Ill. App. Ct.2021Background
- Christopher Sardo is a former U.S. Marine (Desert Storm) with a preexisting PTSD diagnosis and VA disability benefits beginning in 2000.
- Sardo served as a Franklin Park police officer from 1996, with an exemplary record and a positive performance review five weeks before the incident.
- On February 6, 2014, Sardo investigated a Metra train pedestrian fatality involving dismemberment; he participated in evidence collection and notified next of kin.
- After the train incident Sardo experienced severe nightmares, panic attacks, suicidal ideation, stopped working May 9, 2014, and applied for a line-of-duty disability pension.
- Three independent psychiatric evaluators concluded the train incident aggravated Sardo’s preexisting PTSD and major depressive disorder and rendered him permanently unable to perform police duties.
- The Franklin Park Police Pension Board awarded a line-of-duty pension under section 3-114.1; the circuit court affirmed, and the Village appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an act of duty must be the sole cause of the officer's disability to qualify for a line-of-duty pension | Village: the act of duty must entirely cause the disability (not merely contribute) | Sardo/Board: the statute does not require the act to be the sole cause; contribution is sufficient | Held: The Code does not require the act of duty be the sole cause; a contributing act of duty suffices |
| Whether a preexisting mental condition (PTSD) bars a line-of-duty pension when aggravated by an act of duty | Village: preexisting mental conditions should be treated differently than physical ones and preclude line-of-duty relief when preexisting | Sardo/Board: preexisting mental conditions may be aggravated by an act of duty and still qualify for a line-of-duty pension | Held: Preexisting mental conditions are not treated differently from physical ones; aggravation by an act of duty can support a line-of-duty pension |
Key Cases Cited
- Robbins v. Board of Trustees of the Carbondale Police Pension Fund, [citation="177 Ill. 2d 533"] (1997) (mental disability for line-of-duty pension must result from a specific, identifiable act of duty)
- Wade v. City of North Chicago Police Pension Board, [citation="226 Ill. 2d 485"] (2007) (preexisting physical condition may be aggravated in line-of-duty pension cases)
- Trettenero v. Police Pension Fund of the City of Aurora, [citation="268 Ill. App. 3d 58"] (1994) (defining specific-act requirement for mental-disability pensions)
- Barber v. Board of Trustees of the Village of South Barrington Police Pension Fund, [citation="256 Ill. App. 3d 814"] (1993) (nexus requirement; duty-related incident need not be the originating cause)
- Alm v. Lincolnshire Police Pension Board, [citation="352 Ill. App. 3d 595"] (2004) (distinguishing generalized job stress from act-of-duty injuries)
- Devaney v. Board of Trustees of the Calumet City Police Pension Fund, [citation="398 Ill. App. 3d 1"] (2010) (line-of-duty pension for aggravated preexisting physical condition)
- Village of Oak Park v. Village of Oak Park Firefighters Pension Board, [citation="362 Ill. App. 3d 357"] (2005) (standards of review for pension-board decisions)
- Hammond v. Firefighters Pension Fund of the City of Naperville, [citation="369 Ill. App. 3d 294"] (2006) (manifest-weight standard for factual findings)
- MacDonald v. Board of Trustees of the Park Ridge Police Pension Fund, [citation="294 Ill. App. 3d 379"] (1998) (de novo review for statutory interpretation)
- AFM Messenger Service, Inc. v. Department of Employment Security, [citation="198 Ill. 2d 380"] (2001) (standard for reviewing mixed questions of law and fact)
Circuit court judgment and the Board's award of a line-of-duty disability pension to Sardo affirmed.