Rose v. Bd. of Trs. of the Mount Prospect Police Pension Fund

• Decision Date: 15 September 2011
• Docket Number: No. 1–10–2157.,1–10–2157.
• Citation: 958 N.E.2d 315,354 Ill.Dec. 572,2011 IL App (1st) 102157
• Parties: Michael D. ROSE, Petitioner–Appellee, v. The BOARD OF TRUSTEES OF the MOUNT PROSPECT POLICE PENSION FUND, Defendant–Appellant.
• Court: United States Appellate Court of Illinois

2011 IL App (1st) 102157

354 Ill.Dec. 572

958 N.E.2d 315

Michael D. ROSE, Petitioner–Appellee,

v.The BOARD OF TRUSTEES OF the MOUNT PROSPECT POLICE PENSION FUND, Defendant–Appellant.

No. 1–10–2157.

Appellate Court of Illinois, First District, Fourth Division.

Sept. 15, 2011.

Richard J. Reimer, Jeffrey A. Goodloe, Richard J. Reimer & Associates LLC, Hinsdale, for Appellant.

Thomas W. Duda, Law Offices of Thomas W. Duda, Arlington Heights, for Appellee.

OPINION

Justice FITZGERALD SMITH delivered the judgment of the court, with opinion.

[354 Ill.Dec. 574] ¶ 1 The petitioner-appellee, Michael D. Rose, was a patrol officer in the Village of Mount Prospect Police Department. On February 21, 2004, while on patrol and driving his squad car, the petitioner was injured in an automobile accident. The petitioner was subsequently involved in a separate and undisputably off-duty automobile accident, on June 1, 2004.¹

¶ 2 As a result of his February 21, 2004, accident, the petitioner filed an application with the board of trustees of the Mount Prospect Police Pension Fund (hereinafter Pension Board) requesting a “line-of-duty” pension pursuant to section 3–114.1 of the Illinois Pension Code (hereinafter Pension Code) (40 ILCS 5/3–114.1 (West 2006)), and contending that he suffered a permanent disabling injury (namely, herniated discs in his lower back). In the alternative, the petitioner requested a “nonduty” disability pension pursuant to section 3–114.2 of the Pension Code (40 ILCS 5/3–114.2 (West 2006)). The Board denied the petitioner's request for a “line-of-duty” disability pension, but granted his request for a “nonduty” disability pension. In doing so, the Pension Board found that the petitioner was not entitled to a “line-of-duty” pension because: (1) the February 21, 2004, accident did not occur while the petitioner was performing an “act of duty”; and (2) the February 21, 2004, accident was not a contributing cause of the petitioner's undisputed disability; rather that disability was caused by the injuries the petitioner sustained in the later June 1, 2004, off-duty accident.

¶ 3 The petitioner sought administrative review of the Pension Board's decision with the circuit court pursuant to section 3–103 of the Code of Civil Procedure (hereinafter Civil Procedure Code) (735 ILCS 5/3–103 (West 2006)). The circuit court granted the petitioner's complaint for administrative review, reversed the Pension Board's decision, and entered judgment in favor of the petitioner, specifically finding that he was entitled to a “line-of-duty” pension. The Pension Board now appeals, asking that we reinstate its original order denying petitioner's request for a “line-of-duty” pension. For the reasons that follow, we affirm the decision of the circuit court.

¶ 4 I. BACKGROUND

¶ 5 The record, which is fairly cumbersome, reveals the following relevant facts and procedural history. After the petitioner filed his request for a “line-of-duty” pension on April 30, 2007, the Pension Board held two administrative hearings on the petitioner's application. During those hearings, the Pension Board suggested that the petitioner amend his application and alternatively request a “nonduty” disability pension without prejudice to his claim for a “line-of-duty” disability pension The petitioner complied with this advice and amended his application.

¶ 6 A. The Administrative Hearings

¶ 7 After the petitioner amended his application, the Pension Board heard the petitioner's testimony and reviewed voluminous evidence introduced into the administrative record. That evidence consisted of over 30 exhibits and included, inter alia: (1) various village police and administrative records concerning the petitioner's assignment and movements on February 21, 2004, as well as the car accident in which the petitioner was involved on that date; (2) the petitioner's pleadings and deposition testimony in the civil lawsuits against the individuals involved in the February 21, 2004, and June 1, 2004, car accidents; (3) medical reports and records from the petitioner's family physician, Dr. John Cottrell, who was the first to treat the petitioner after his February 2004 accident; (4) numerous medical records from institutions where the petitioner has been treated since his February 21, 2004, accident (including records from Holy Family Hospital, the Lutheran General Spine Center, Northwest Community Hospital, Adult Pediatric Orthopedics, S.C., the Condell Medical Center, the Loyola Medical Center, and the Illinois Bone and Joint Institute); (5) depositions of the following treating physicians, Dr. Michael Jacker, Dr. Martin Lannoff, and Dr. Jay Levin; (6) depositions of Dr. Alexander John Ghanayem, and Dr. Thomas Gleason, who were asked by the village and the village's insurer carrier, respectively, to evaluate the petitioner for purposes of his workers' compensation benefits claim; (7) a medical evaluation by Dr. Samuel Chmell, the petitioner's medical expert; and (8) three independent medical evaluations of the petitioner for purposes of his disability pension, performed by Dr. Gary Shapiro, Dr. Miledones Eliades, and Dr. Gary Yarkony, and ordered by the Pension Board, pursuant to section 3–115 of the Pension Code (40 ILCS 5/3–115 (West 2006)). For purposes of brevity, we address and summarize only that testimony and those exhibits which are relevant to this appeal. We do so in chronological order.

¶ 8 1. Evidence Regarding the February 2004 Accident: The Petitioner's Testimony and Relevant Village Records

¶ 9 During the administrative hearings, the petitioner first testified that he was a patrol officer for the Village of Mount Prospect (hereinafter the Village) since January 2, 2001. The petitioner denied having suffered from any injuries prior to his employment by the Village and testified that prior to being hired as a patrol officer, he was ordered to undergo a physical examination, which he passed with no reservations.

¶ 10 The petitioner next testified about his duties as a patrol officer. The petitioner explained that his duties required that he “actively patrol the Village” (either in the squad car or on foot, and sometimes even on a bicycle, as a member of the police bicycle unit) in order to protect “the property and person of the citizens of the Village.” As part of his daily patrol duties the petitioner had to conduct traffic stops, respond to calls, interview witnesses and suspects, and on occasion aid the coroner and act as an evidence technician. The petitioner further stated that he was required to be physically prepared to restrain an offender or suspect, at any time, and that this often involved “twisting, bending and lifting of extreme nature.” The petitioner's duties were varied and could require the petitioner to stand on his feet for long periods of time (such as in monitoring traffic), or could require him to be seated (such as in conducting long interviews). The petitioner also testified that as part of his job as a patrol officer, he was regularly required to wear duty gear, including police boots, a bulletproof vest, a duty belt made of leather, loaded weapons, two magazines with ammunition, handcuffs, a baton, a flashlight, and various other equipment.

¶ 11 The petitioner next testified regarding the events of February 21, 2004. He stated that on that date he was 24 years old and was assigned to an afternoon patrol shift from 3 p.m. to 11 p.m. According to the petitioner, at about 2:45 p.m., he attended roll call, at which point he was in good health. The petitioner was assigned to investigate a missing juvenile. He was dispatched to a residential address, where he spoke to the mother of the missing juvenile for about 15 to 30 minutes. During the course of this interview, the petitioner received another dispatch from Northwest Central Dispatch instructing him that the juvenile and a couple of his friends “may be” at a Citgo gas station located at the corner of Rand and Euclid Roads in Mount Prospect. After receiving this information, the petitioner proceeded to the gas station, where he arrived about 15 to 20 minutes later. Once there, the petitioner exited his vehicle and spoke to the gas station attendant, who told him that the juvenile had just been at the station and had left only a couple of minutes ago, on foot, heading southeast on Rand Road. The petitioner testified that he returned to his vehicle, intending to drive along Rand Road until he could locate the juvenile, take him into custody and bring him back to his mother.

¶ 12 According to the petitioner, however, as he attempted to exit the gas station onto Rand Road, by turning left, his squad car was hit by another vehicle, driven by a civilian, Christina Cappozzi. Cappozzi's vehicle struck the front driver's side of the squad car. The petitioner felt the car jerk back, and he hit his head on the molding between the windshield and the door. The petitioner advised Northwest Central Dispatch of the traffic accident and then exited his vehicle to see if Cappozzi was injured.²

¶ 13 With respect to the February 2004 accident, the Pension Board offered into evidence several Village records regarding the petitioner's movements on that day, including, inter alia: (1) the petitioner's “Mount Prospect Police Department Officer's Daily Activity Report” dated February 21, 2004; and (2) the Mount Prospect police department's official police report detailing the missing juvenile call, including the dispatch center's logs. The Pension Board also introduced into evidence a copy of the petitioner's deposition taken in his civil lawsuit against Christina Cappozzi.

¶ 14 The petitioner's deposition details the manner in which the police department tracks the movements of police officers while they are on patrol. In that deposition, the petitioner explained that each time a call is assigned to an officer, a computer-aided dispatch (or CAD) sheet is created. The police officer...