Case Conclusion Date:December 9, 2011
Practice Area:Administrative Law
Outcome:Reversed in favor of client.
Description:356 Ill.Dec. 650 (3rd Dist. 2011). Plaintiff, a Peoria police officer who was injured on duty while trying to push a motorist's stuck vehicle out of the snow, applied for a line-of-duty disability pension. After a hearing, the Board of Trustees of the Police Pension Fund of Peoria found that Mingus's injury was not a result of the performance of an act of duty and awarded Mingus a nonduty disability pension instead. The trial court affirmed the Board's ruling upon administrative review. Mingus appealed, arguing that the Board erred in finding that his injury was not incurred in the performance of an act of duty and in denying his request for a line-of-duty disability pension on that basis. The appellate court reversed the trial court's ruling, set aside the Board's ruling, and remanded this case with directions to the Board to award Mingus a line of duty disability pension.