Officer submitted a disability pension application for line-of-duty pension benefits, claiming injury to his left shoulder suffered when his squad car was struck on the driver's side while he was on duty and assisting with scene of traffic accident. Officer had to be extricated from squad car. Considering all evidence in record, and the fact that Pension Fund Board erred in relying on certain evidence in support of its decision that officer was not disabled, Boards decision was against manifest weight of evidence. Doctors did not testify, and thus factors such as demeanor of testifying witnesses did not figure into assessment of credibility.Although Board did not make a finding on ultimate issue of whether officer was injured in the performance of an act of duty, it did make the necessary factual findings so that appellate court makes that finding as a matter of law. (McDADE and WRIGHT, concurring.)
Illinois Appellate Court
Civil Court
Pension