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Monday, February 24, 2014

Preexisting Condition Bars Line-of-Duty Disability Pension

Carillo, a former firefighter/paramedic filed an application for line-of-duty disability benefits after degenerative arthritis in her knee left her unable to work.  The pension board conducted a hearing on her application, and awarded her a nonduty disability, not a duty disability. She appealed, and the appellate court upheld the pension board's award, finding that the evidence presented by doctors at the pension board hearing supported the board's decision to deny a line-of-duty disability.  That evidence showed that Carillo's knee disability was caused by a history of injuries caused by Carillo's participation in high school and college basketball, and was not aggravated by her duties as a firefighter/paramedic.  Carillo v. Park Ridge Firefighters Pension Fund, 2014 IL App (1st) 130656.

The decision is favorable for local governments, and contains a good analysis of how a preexisting condition might affect a line-of-duty disability application.

Post Authored by Julie Tappendorf, Ancel Glink


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