Village of Alsip v. Portincaso

Illinois Appellate Court
Civil Court
Disability Benefits
Citation
Case Number: 
2017 IL App (1st) 153167
Decision Date: 
Friday, May 5, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
HALL

Court reversed Board of Trustees of Police Pension Fund's award of a line-of-duty disability pension to Plaintiff. Board of Trustees of Police Pension Fund abused its discretion in denying Village's petition to intervene. For Pension Board to reach issue of collateral estoppel, Village would need to have been made a party to proceeding as it was the only party with an interest in raising the defense. As the discreet question of whether Plaintiff had been injured during arrest for domestic violence incident had already been answered and fully litigated in front of Workers' Compensation Commission. Thus, that litigation precluded redetermination of whether Plaintiff was injured. (GORDON and LAMPKIN, concurring.)