Mahan v. Marion Police Pension Board

Illinois Appellate Court
Civil Court
Disability Pension Benefits
Citation
Case Number: 
2023 IL App (5th) 210426
Decision Date: 
Friday, February 3, 2023
District: 
5th Dist.
Division/County: 
Williamson Co.
Holding: 
Reversed.
Justice: 
CATES

Plaintiff appealed from the findings of the Marion Police Pension Board that terminated his in-the-line-of-duty disability pension payments by finding that he was no longer disabled due to an injury to his thoracic spine. The appellate court reversed, finding that the Board’s decision was against the manifest weight of the evidence where it relied on an IME report that did not discuss how the plaintiff had recovered from his disability or how he was not limited from performing the duties of a police officer. (WELCH and VAUGHAN, concurring)