Wall v. Police Pension Board

533 N.E.2d 458, 178 Ill. App. 3d 438, 127 Ill. Dec. 586, 1988 Ill. App. LEXIS 1851
CourtAppellate Court of Illinois
DecidedDecember 30, 1988
Docket88-0828
StatusPublished
Cited by17 cases

This text of 533 N.E.2d 458 (Wall v. Police Pension Board) 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
Wall v. Police Pension Board, 533 N.E.2d 458, 178 Ill. App. 3d 438, 127 Ill. Dec. 586, 1988 Ill. App. LEXIS 1851 (Ill. Ct. App. 1988).

Opinion

JUSTICE QUINLAN

delivered the opinion of the court:

Plaintiff, Lawrence Wall, appealed to this court from an order of the circuit court of Cook County. The circuit court had affirmed an administrative determination of the Police Pension Board of the Village of Schaumburg which denied plaintiff a job-related disability pension.

Plaintiff became a police officer with the Schaumburg police department on September 24, 1977. After nine years with the department, he applied to the Police Pension Board of the Village of Schaumburg (the Board) for a duty-related disability pension. In his application, plaintiff claimed he suffered from duty-related stress reactions.

The Board then conducted hearings pursuant to article 3 of the Illinois Pension Code (Ill. Rev. Stat. 1987, ch. 108V2, par. 3 — 101 et seq.). Plaintiff testified on his own behalf at the hearings. He told the Board that in the past few years as a police officer, he no longer had fun on the job and was unable to relax or enjoy himself. Plaintiff said that stress kept building, until as a result of the stress, he was finally suspended from the police force. Plaintiff did not think he would ever be able to wear a police uniform again because he did not feel he could handle the job anymore. He no longer wanted to accept the responsibility for other people’s lives or face the constant pressure from the public because “nobody appreciates a cop.”

Plaintiff told the Board that he was promoted from patrol officer to detective on May 20, 1982. Plaintiff’s attorney claimed that it was at this time that plaintiff began to feel a pressure to perform. Plaintiff testified that in December 1983, he got into a fight with another detective, which ended when he punched the detective. Plaintiff said that this behavior was totally out of character for him. After this fight, plaintiff was transferred back to patrol officer, but there was no evidence that the transfer was related to the fight.

Plaintiff also testified that in September 1985, he returned a juvenile to her home because she was violating curfew, an act which he felt was positive and would be appreciated by the juvenile’s family. When the juvenile’s family reacted negatively to plaintiff, he felt he could not handle being a police officer any longer and walked off the job even though two hours remained on his shift. As he was walking out, one of his superiors stopped him and asked him what was going on. Plaintiff replied, “I can’t handle it any more; this is bullshit; I’m trying to do my job, and now this lady is going to come in and beef; now I’ve got to go through an internal investigation; I can’t handle it any more.” His superior talked with him for several hours and persuaded him not to quit.

In February 1986, plaintiff experienced severe chest pains while on duty and went to Northwest Community Hospital. He was admitted to the hospital and there remained for five days. His doctor diagnosed plaintiff as having mild pleurisy, but found nothing else wrong with him. Plaintiff claimed that these chest pains were the result of job stress. When he was released from the hospital, plaintiff returned to work.

Then, on June 12, 1986, plaintiff told his watch commander, Lt. Johnson, that he was experiencing severe emotional strain and could not continue to work. Lt. Johnson immediately placed plaintiff on emergency suspension. Plaintiff never resumed working as a police officer following this incident. In September 1986, plaintiff filed this claim for a job-related disability pension.

Plaintiff also presented various documents to support his claim of disability. The documents included some service evaluation ratings that his superiors had filled out on him which covered the years 1978 through 1986, excluding only 1983. Of the evaluations submitted, the first evaluation that contained an unfavorable remark concerning plaintiff’s job performance was from 1984. While the evaluations from 1985 and 1986 also contained unfavorable remarks, even in those evaluations the favorable comments outnumbered the unfavorable comments.

Along with the evaluation service ratings, plaintiff submitted letters from various doctors. Dr. Frederick Reis and Dr. John Mitchell wrote a joint letter that said they had seen plaintiff on three occasions. The doctors stated that “[pjrobably the most stressful event [for plaintiff] was his separation from his wife about 1% years ago.” The doctors felt that plaintiff may have been suffering from a major depression. They declined to speculate whether plaintiff’s stress reaction was job related, but felt he was unable to return to work at that time (August 1986).

There was also a letter from Dr. Teas, dated September 30, 1986. Dr. Teas had examined plaintiff on one occasion. Dr. Teas’ letter said that plaintiff was too emotionally disordered to return to work at that time. Dr. Teas believed the disorder might last for another three months and might even prevent plaintiff from returning to police work. Additionally, Dr. Teas said he felt that plaintiff’s job as a police officer may have played a role in his disorder, but he also said that he could not state this with any certainty.

Finally, plaintiff filed a letter from Dr. Ghattas, dated October 16, 1986. Dr. Ghattas saw plaintiff on one occasion and diagnosed him as suffering from major depression. In his letter, Dr. Ghattas suggested a genetic factor behind plaintiff’s depression and declined to draw a correlation between plaintiff’s job and his depression. He said, however, that he would not totally rule out this correlation.

Plaintiff also called Dr. Ronald Martin to testify on his behalf at the hearing before the Board. Dr. Martin testified that he was a clinical psychologist and that he focused his practice on stress, especially on police stress. According to Dr. Martin, various factors cause police stress, including the dangerousness of the job, which is juxtaposed against long periods of boredom; the fragmented nature of police work; the shift rotation; the bureaucracy of the police department; and the fact that a police officer must always present the public with an image of a competent police officer. Dr. Martin testified that these factors all combine to create a police stress, which is a greater stress than ordinary stress. Dr. Martin said, however, he could not testify whether plaintiff was in fact suffering from police stress because he had never met or examined plaintiff.

The Board then called Dr. Anthony D’Agostino, a psychiatrist in private practice, to testify. Dr. D’Agostino had examined plaintiff on two occasions. Dr. D’Agostino’s opinion was that plaintiff suffered from an adjustment disorder, which was related to plaintiff’s feelings that he was not getting ahead in his job, that there was no opportunity for personal advancement for him in his job and that his job was not self-fulfilling. Dr. D’Agostino believed that a key factor in plaintiff’s stress was that he did not like being a police officer. In addition, Dr. D’Agostino felt that plaintiff was suffering from bum out, which can be experienced in any profession after a number of years.

Dr. D’Agostino believed plaintiff could return to work if he was willing to adjust his expectations of the work. Alternatively, given plaintiff’s age (33), Dr.

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Bluebook (online)
533 N.E.2d 458, 178 Ill. App. 3d 438, 127 Ill. Dec. 586, 1988 Ill. App. LEXIS 1851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wall-v-police-pension-board-illappct-1988.