City of East Peoria v. Melton

Plaintiff, City of East Peoria, filed a lawsuit contesting an occupational disability pension awarded to its employee by the co-defendant Board of Trustees of the Firefighters’ Pension Fund of the City of East Peoria. The trial court affirmed the decision of the Board of Trustees and plaintiff appealed, arguing numerous errors, including that the physician appointed to examine the former employee was statutorily required to conduct an in-person physical examination. The appellate court affirmed, finding that an in-person physical examination was not required by the statute and that the board properly considered the competing evidence of the employee’s disability in reaching its conclusion. (HARRIS and STEIGMANN, concurring)