McCumber v. The Board of Trustees of the Oswego Fire Protection District Firefighters’ Pension Fund

Illinois Appellate Court
Civil Court
Pension Code
Citation
Case Number: 
2019 IL App (2d) 180316
Decision Date: 
Friday, March 8, 2019
District: 
2d Dist.
Division/County: 
Kendall Co.
Holding: 
Affirmed.
Justice: 
SPENCE

Plaintiff, a former firefighter, sought a line-of-duty disability pension from Firefighters' Pension Fund Board, based on a psychological condition that manifested symptoms during 3 separate training exercises. Board's decision to deny Plaintiff a line-of-duty disability pension is not against the manifest weight of the evidence. Explicitly based on medical reports and other evidence, Board concluded that none of the 3 evaluating physicians opined that Plaintiff's inability to perform full-service duties for the District was either caused or exacerbated by the training exercises listed on his application for disability benefits. No due process violation in Board asking evaluating physicians for clarification of their medical opinions. (McLAREN and JORGENSEN, concurring.)