Pension Fund Board issued decision finding that Defendant was entitled to receive a line-of-duty disability pension from a back injury sustained while moving bottled water for a fire department event. Given clear objective evidence of a disabling injury and its cause, and unanimous opinions by the IMEs, Board did not err in declining to consider Defendant's preemployment misstatements. Defendant was performing an act of duty, as that term is defined by statute, when his disabling injury occurred. An "act of duty" includes any act imposed on an active firefighter by city ordinance or by department rules or regulations, or an act performed while on duty for direct purpose of saving of life or property of another. Only one of these must be shown to meet the "act of duty" definition. Rules of fire department required Defendant to follow the chain of command, and he was on duty and carrying out the orders of his shift commander when he was injured. (ZENOFF and HUDSON, concurring.)
Illinois Appellate Court
Civil Court
Pensions