Pierce v. Board of Trustees of the Police Pension Fund

532 N.E.2d 1004, 177 Ill. App. 3d 915, 127 Ill. Dec. 175, 1988 Ill. App. LEXIS 1803
CourtAppellate Court of Illinois
DecidedDecember 29, 1988
Docket2-88-0280
StatusPublished
Cited by5 cases

This text of 532 N.E.2d 1004 (Pierce v. Board of Trustees of the Police Pension Fund) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pierce v. Board of Trustees of the Police Pension Fund, 532 N.E.2d 1004, 177 Ill. App. 3d 915, 127 Ill. Dec. 175, 1988 Ill. App. LEXIS 1803 (Ill. Ct. App. 1988).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

Defendant, the Board of Trustees of the Police Pension Fund of the City of Waukegan, Illinois, appeals from the decision of the circuit court of Lake County which reversed its denial of a disability pension to plaintiff, Jon Pierce.

On appeal, defendant raises two issues: (1) the trial court’s decision was against the manifest weight of the evidence, and (2) it is improper for a police officer to apply for a disability pension while still employed full time.

Plaintiff was a police officer with the Waukegan police department since April 2, 1975. While on vacation on January 5, 1985, plaintiff was involved in an altercation at Bertrand Bowling Lanes, Waukegan. An employee of Bertrand’s, knowing that plaintiff was a police officer, requested him to assist in placing a disorderly patron in custody. In the process of subduing the subject, plaintiff received an injury to his right knee when he fell and/or was kicked. Plaintiff received extensive medical treatment, including two surgical procedures, to his right knee.

Plaintiff, put on limited-duty status following the injury, continued to work full time until October 1985. Plaintiff also continued to work at a number of off-duty, part-time security positions at local business establishments. Upon learning of plaintiff’s off-duty positions, police chief Ronald Houri terminated plaintiff’s participation in said jobs in or about October 1985.

From October 16, 1985, to the end of April 1986, plaintiff was on duty-injury status. In the following months, he was both briefly compensated under workers’ compensation and suspended for disciplinary purposes. He returned to work on July 7, 1986, assigned to light-duty status.

On August 6, 1986, plaintiff filed his application and certificate for disability pension. (Ill. Rev. Stat. 1985, ch. 108½, par. 3—115.) Pursuant to the statute, defendant selected three physicians to evaluate plaintiff’s physical condition. All physicians agreed that plaintiff could not return to unlimited, full-time duty.

Plaintiff worked on limited duty from July 7 through December 28, 1986, and was suspended with pay starting on or about December 29, 1986. Pursuant to a hearing in a proceeding separate from the instant case, the Waukegan Civil Service Commission discharged plaintiff as a patrolman for the city. The commission’s decision was affirmed by the circuit court of Lake County.

After a series of hearings, defendant denied plaintiff’s disability application. The trial court reversed the defendant’s denial, and this appeal followed.

Defendant initially argues that the trial court’s reversal is against the manifest weight of the evidence. Defendant contends that the court below considered only the medical reports submitted to the board and virtually ignored all the other evidence. Moreover, defendant asserts that the trial court appeared to have weighed the medical reports and other evidence solely on a quantitative rather than qualitative basis.

A review of the relevant evidence demonstrates that the trial court’s decision was not against the manifest weight of the evidence. Where an administrative order is against the manifest weight of the evidence or where an agency has acted arbitrarily or capriciously, a reviewing court should not hesitate to intervene. Southern Illinois Asphalt Co. v. Pollution Control Board (1975), 60 Ill. 2d 204, 207.

Pursuant to the statute, plaintiff was examined by three physicians selected by defendant, Drs. Baehr, Apfelbach, and Kroft (who was later replaced by one of his partners, Dr. Rosenzweig).

A November 6, 1986, letter from Dr. James Baehr, an orthopedic surgeon, to defendant concluded thusly:

“Although there are no objective signs of knee instability or knee muscle wasting, the patient’s inability to rehabilitate the knee or return to his full activity would mean in my opinion that he is unable to continue in the usual duties as a police officer and therefore would be eligible for medial [sic] retirement and disability.”

In response to several questions posed by defense counsel, Dr. Baehr wrote in a December 19,1986, letter:

“The patient I’m sure could carry out any type of desk activity without difficulty but probably would have increased symptoms and probably some impaired ability to carry out strenuous activities in the field.”

Dr. Henry Apfelbach, an orthopedic specialist, examined plaintiff on October 29, 1986, and in a letter to defendant dated November 12, 1986, concluded:

“At the present time this patient states he is working as a detective and is not working in a squad car. This patient exhibits a paucity of objective finding referrable [sic] to the right knee. However, injury to the cartilaginous undersurface of the patella is described so that a degree of subpatellar pain can be expected. I feel this patient can continue the type of work that he is doing at present but I do not feel that he can pursue an occupation in which he is forced to run and maintain a high degree of agility.”

In response to questions from defense counsel, Dr. Apfelback wrote that he did not expect plaintiff’s condition to improve with or without physical therapy, that he did not recommend further physical therapy, and that he did not anticipate any change in plaintiff’s physical status.

Dr. Robert Rosenzweig examined plaintiff on November 3, 1986. In a November 4, 1986, letter to defendant, Dr. Rosenzweig made the following recommendation:

“Mr. Pierce is capable of a desk job but cannot perform the regular duties of a policeman and all that entails.”

In response to questions posed by defense counsel, Dr. Rosenzweig stated that plaintiff’s prognosis was poor, his condition would not improve, and no further physical therapy was recommended. Finally, Dr. Rosenzweig wrote that plaintiff would not be able to do active police work.

Following his injury, plaintiff underwent two arthroscopic procedures performed by Dr. Edward Hamming, an orthopedic surgeon. On April 22, 1985, he underwent arthroscopy with the removal of a medial synovial plica and a fragment of tom medial meniscus. Then on October 25, 1985, a second arthroscopic procedure was performed on him. A chondral defect of the patella was found, and the lateral retinaculum was released.

At a hearing before the defendant on April 14, 1987, Dr. Hamming testified as follows:

“Q. So based upon your history and your examination, did you, in fact, form an opinion as to whether or not he [plaintiff] was able to perform police duties?
A. In terms of vigorous police duties, I don’t think he could do it.
Q. I’m referring now to a letter that you wrote to the City of Waukegan, October 21, 1986, do you have a copy of that there?
A. Yes, I have it.

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Cite This Page — Counsel Stack

Bluebook (online)
532 N.E.2d 1004, 177 Ill. App. 3d 915, 127 Ill. Dec. 175, 1988 Ill. App. LEXIS 1803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-board-of-trustees-of-the-police-pension-fund-illappct-1988.