Circuit court affirmed the decision of Village Board of Trustees Pension Fund denying Plaintiff’s application for line-of-duty disability benefits and instead awarding him nonduty benefits. Six years after joining police department, Plaintiff participated in physical-fitness tests conducted by police department. Plaintiff suffered shoulder injury after doing bench press as part of physical fitness test.Symptoms from injury improved only slightly after 2 surgeries, and Plaintiff was unable to return to work as a police officer. As bench press test did not involve special risk, not ordinarily assumed by citizen in ordinary walks of life, attempt to perform bench press test is not an “act of duty.” Although definition of “act of duty” is not strictly limited to activities involving protection of public safety, it is not so broad as to embrace physical-fitness activities in which persons in ordinary walks of life participate.(HUTCHINSON and BURKE, concurring.)
Illinois Appellate Court
Civil Court
Disability Benefits