Hoffman v. Orland Firefighters' Pension Board

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 112120
Decision Date: 
November 21, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Justice: 
GARCIA
Holding: 
Affirmed.
(Case summary corrected.)(Court opinion corrected 11/29/12.) Board had awarded firefighter duty-related disability pension in 2002, after he injured his back when lifting a 360-pound patient on stretcher in ambulance. Pension Code does not permit Board to revisit and reverse its original decision based on evidence presented at continuance of disability hearing in 2010 that firefighter was never disabled; such evidence is not "evidence of recovery". Board's decision to terminate pension must be based on evidence that pensioner recovered from his disability. (HALL, concurring; GORDON, dissenting in part.)