Worth v. BD. OF TR. OF POLICE PEN. FUND, VILLAGE OF ORLAND PARK

595 N.E.2d 51, 230 Ill. App. 3d 349, 171 Ill. Dec. 923
CourtAppellate Court of Illinois
DecidedMay 20, 1992
Docket1-91-1797
StatusPublished
Cited by12 cases

This text of 595 N.E.2d 51 (Worth v. BD. OF TR. OF POLICE PEN. FUND, VILLAGE OF ORLAND PARK) 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
Worth v. BD. OF TR. OF POLICE PEN. FUND, VILLAGE OF ORLAND PARK, 595 N.E.2d 51, 230 Ill. App. 3d 349, 171 Ill. Dec. 923 (Ill. Ct. App. 1992).

Opinion

JUSTICE CERDA

delivered the opinion of the court:

Defendants, the Board of Trustees of the Police Pension Fund of the Village of Orland Park, Illinois (the Board), Board president Charles R. Cassata, and trustees George G. Gilbert, Ronald Note-boom, Daniel Nash, and Theodore Ludes, appeal from the reversal of the Board’s decision denying plaintiff, Carol L. Worth, a line of duty disability pension.

Plaintiff’s complaint for administrative relief alleged the following. Plaintiff was appointed a police officer of the Village of Or-land Park on or about July 7, 1987. She applied for a line of duty disability pension based on injuries resulting from the performance of an act of duty on January 30, 1988. After hearings, the Board issued a written decision on December 17, 1989, granting plaintiff a non-duty disability pension. Plaintiff sought a reversal of the decision on the basis that she was entitled to a line of duty disability pension as provided in section 3 — 114.1 of the Illinois Pension Code (Ill. Rev. Stat. 1989, ch. lOSVa, par. 3 — 114.1) (the Code). We affirm the reversal of the Board’s decision.

Plaintiff testified at a Board hearing to the following about her left knee injury. She had no preexisting injury to her left knee prior to working as a police officer. The first incident of problems with her knee was when she was sitting at the police academy with one leg underneath her. She felt a pain, and when she sat back down again, her knee cracked. The next morning she was in a car on her way to the academy when her knee locked. She could not straighten it out or bend it up. She was in extreme pain and was taken to the hospital.

On January 30, 1988, plaintiff was on duty in a squad car driven by Officer Pila on the way to the police station at the end of their shift. While stopped at a red light, their car was struck by another car. Both her knees hit the dashboard, and the left knee hit the radio console. Although her knees hurt, she exited the car to check for injuries of the other people involved in the accident.

On February 20, 1988, plaintiff was on duty doing routine patrol when she slipped and twisted her left knee. She did not fall, but she felt pain.

Plaintiff further testified that her doctor subsequently recommended arthroscopic surgery to determine whether there was any torn cartilage in the left knee. After surgery in March 1988, she developed an infection in the knee, and she required more operations. Later, it was determined that she had reflect sympathetic dystrophy, and she was told that she would never be able to bend her knee again.

Orland Park police officer Michael Pila testified that he did not see whether plaintiff struck her knees on the dashboard in the January 30,1988, accident.

Dr. Leon Malachinski testified that plaintiff had a greatly diminished range of motion in her left knee. She could not perform the regular duties of a police officer or light duty police work as result of the knee’s condition. It would be extremely difficult for her to perform virtually any type of work.

Dr. Arthur E. Ostergard testified that he was an occupational health consultant who examined plaintiff on the Board’s request in order to issue an opinion regarding her ability to perform the functions of a police officer. Another doctor had referred to a softening of the bone of plaintiff’s left knee and an abnormality with her left lateral meniscus. The softening could have been caused by the impact on the dashboard. An operation was performed on her knee, and an infection in the knee called sepsis developed afterwards. There was subsequent scarring with decreased range of motion and function of the knee. Plaintiff currently has adhesions, scarring, the residual of a septic joint, and difficulty with the range of motion of that joint. Plaintiff could not perform the duties of a police officer.

Dr. James Charles Murray, an orthopedic surgeon, testified that he reviewed the records of plaintiff’s orthopedic physician and that he examined plaintiff. Plaintiff’s infection was the type in which bacteria released enzymes that dissolved knee cartilage. When he examined plaintiff, she had a knee replacement, which was the only viable option for semi-normal function of the knee. His opinion was that plaintiff’s cartilage had softened and was probably fractured and that the outside cartilage on her knee was hypermobile instead of immobile. Her injury was one that commonly resulted from collisions with dashboards. His opinion within a reasonable degree of medical certainty was that plaintiff sustained her injury from the collision with the dashboard because she was asymptomatic prior to the collision, because the pain began after the collision, and because the mechanism by which she sustained the injury coincided with the medical findings. It was possible that the injury occurred from some other incident in which her knee hit an object. Her knee would never be normal, and she was unable to perform the normal duties of a police officer.

The Board found the following in a written decision. Plaintiff was unable to perform her police officer duties. There were numerous incidents of asserted injuries, but there was a lack of corroboration of much of plaintiff’s testimony and inconsistencies in plaintiff’s statements. Plaintiff’s claim that she struck her knee on the dashboard and on the radio during the accident was unbelievable. Plaintiff’s claim of injury on February 20, 1988, was not credible. Plaintiff failed to prove when the injury precipitating her surgery occurred, but anyway none of the events were related to the requirements of her duties as a police officer: (1) sitting in a chair was not unique to police service; (2) even if she were on duty when driving to the Chicago Police Academy, she was not performing any police functions; and (3) on January 30, 1988, the squad car was stopped at a red light, and she was not performing any task other than sitting when the car was struck. Her disability was not the result of a duty-related injury. It appeared more likely that plaintiff’s disability was the result of a complication from surgery than the result of her knee injuries. There was no evidence that the surgery was necessary. Surgical complications were not unique to police officers.

The trial court reversed the Board in a memorandum opinion that held that the causes of plaintiff’s disability were work related and that she was entitled to a line of duty pension.

Defendants argue on appeal that: (1) the Board’s decision to award a non-duty disability pension was not against the manifest weight of the evidence or legally erroneous; (2) the Board’s finding that plaintiff’s injuries were not incurred in the performance of an act of duty was not legally erroneous; and (3) the Board’s finding that plaintiff’s disability was caused by complications from surgery was not against the manifest weight of the evidence.

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Bluebook (online)
595 N.E.2d 51, 230 Ill. App. 3d 349, 171 Ill. Dec. 923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worth-v-bd-of-tr-of-police-pen-fund-village-of-orland-park-illappct-1992.