Edwards v. The Addison Fire Portection District Firefighters’ Pension Fund

Illinois Appellate Court
Civil Court
Administrative Review / Disability
Citation
Case Number: 
2013 IL App (2d) 121262
Decision Date: 
Monday, December 9, 2013
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
McLAREN
Court properly denied Plaintiff firefighter's motion to consolidate administrative review action with another pending law division case, before a single judge. Law division case, alleging unlawful discrimination and having originally been pursued through Department of Human Rights, has not yet gone to trial, and is governed by Code of Civil Procedure with full discovery, and judge or jury to act as fact-finder. Administrative review case, seeking reversal of Pension Board's decision denying line-of-duty benefits, is already before appellate court; and parties and issues are different. Pension Board's decision was not against weight of evidence, as Board found that Plaintiff's testimony and discussions with examining doctors demonstrated lack of severity and nondisabling nature of her allergic reaction to latex. (SCHOSTOK and SPENCE, concurring.)