Attorney Carolyn Welch Clifford's Legal Cases

State, local, and municipal law

Carrillo v. Park Ridge Firefighters' Pension Fund, 2014 IL App (1st) 130656

Feb 14, 2014

OUTCOME: Judgment affirmed.

An award of nonduty liability to the former firefighter was proper because she was required to prove that an on-duty incident either caused or aggravated her preexisting condition and the appellate cou ... rt was unable to say that there was not sufficient evidence for the Board of Trustees to make a finding that an on-duty incident did not cause or aggravate her preexisting condition resulting in her disability. The board properly found that she failed to prove that the on-duty incidents were a causative factor leading to her disability; [2]-It was apparent that the medical evidence was divided on the issue of causation, and the Board chose to believe the opinions of two doctors rather than the opinions of the remaining doctors; that conclusion was not against the manifest weight of the evidence. Carrillo v. Park Ridge Firefighters' Pension Fund, 2014 IL App (1st) 130656, P1 (Ill. App. Ct. 1st Dist. 2014)

State, local, and municipal law

Lindemulder v. Bd. of Trs. of the Naperville Firefighters' Pension Fund, 408 Ill. App. 3d 494

Mar 11, 2011

OUTCOME: The appellate court affirmed the trial court's judgment.

The firefighter had been on the job as firefighter/paramedic for defendant city for approximately 19 years by the time a physician certified that he suffered from a respiratory disease that rendered hi ... m unable to tolerate the physical demands of his job. He filed an application for disability benefits with the city pension fund, seeking line-of-duty benefits under the Illinois Pension Code, 40 ILCS 5/4-110 (2006) (Code) or, in the alternative, occupational disease benefits under 40 ILCS 5/4-110.1 (2006) of the Code. The Board held hearings on his application, and received numerous exhibits. He admitted the respiratory disease was caused by his cigarette smoking, but claimed his job contributed to it as well. Eventually, the Board denied his request for line-of-duty benefits or occupational disease benefits but found he was entitled to a non-duty pension under 40 ILCS 5/4-111 (2006) of the Code. The appellate court found that the Board's determination, that his failure to make a reasonable effort to stop smoking after he received medical advice to do so, was the ultimate cause of his disability was not against the manifest weight of the evidence presented to the Board. Lindemulder v. Bd. of Trs. of the Naperville Firefighters' Pension Fund, 408 Ill. App. 3d 494, 495 (Ill. App. Ct. 2d Dist. 2011)

State, local, and municipal law

Williams v. Bd. of Trs. of the Morton Grove Firefighters' Pension Fund, 398 Ill. App. 3d 680 (1st Dist. 2010)

Feb 02, 2010

OUTCOME: The court reversed the board's decision and remanded the case to the board for a new hearing.

The court first held that the board properly allowed the village to intervene. The village filed its petition before the hearing started, and the issue was briefed fully before the board heard any evid ... ence. The village had an interest in the expenditure of its pension funds. Next, the participation of certain village officials on the board did not create a per se conflict of interest that required reversal based on due process under U.S. Const. amends. V and XIV and Ill. Const. art. I, § 2. The participation of the village's corporate attorney, however, infected the whole proceedings and denied plaintiff a fair and impartial hearing. At various times throughout the hearing, she assumed an advocacy role against plaintiff, including objecting to questions asked by plaintiff's counsel and extensively questioning certain witnesses. Finally, on remand, the hearing was to be conducted before a board that was constituted pursuant to the amended version of 40 ILCS 5/4-121 (2006). Application of the amended statute did not deprive plaintiff of a disability pension; it merely set forth one procedural aspect of the administrative hearing to determine the merits of plaintiff's application.

State, local, and municipal law

Hammond v. Firefighters Pension Fund , 369 Ill. App. 3d 294 (Ill. App. Ct. 2d Dist. 2006)

Nov 29, 2006

OUTCOME: The appellate court affirmed the decision of the board .

The employee, who worked as a firefighter and paramedic, applied for disability benefits based on, inter alia, depression and anxiety. The board voted to award the employee a nonduty disability pension ... , finding that personality conflicts, not his duties in emergency situations, impeded his ability to function as a firefighter/paramedic. The employee filed two complaints for administrative review and two appeals from the trial court. The appellate court regarded the second notice of appeal as an amended notice of appeal and dismissed the first appeal. The appellate court also determined that the employee's second complaint was timely because the board's subsequent formal written decision, rather than its initial written memorandum, triggered the 35-day period for seeking administrative review under 735 Ill. Comp. Stat. Ann. 5/3-103 (2004) since the initial memorandum was not the board's complete decision. In addition, the board's decision denying the employee a line-of-duty pension was not erroneous, because there was conflicting evidence and there was evidence that the underlying causes of his stress were external to, and independent of, his duties as a firefighter/paramedic. Hammond v. Firefighters Pension Fund , 369 Ill. App. 3d 294, 295 (Ill. App. Ct. 2d Dist. 2006)

State, local, and municipal law

Calibraro v. Bd. of Trs. , 367 Ill. App. 3d 259 (Ill. App. Ct. 1st Dist. 2006)

Aug 29, 2006

OUTCOME: The judgment was affirmed.

The firefighter maintained that the specific provisions of the Pension Code were controlling, thereby conferring upon him an absolute right to have been present at all phases of the hearing, including ... the deliberation. The appellate court disagreed. The general provisions of the Act were controlling and the pension board had the right to conduct deliberations on the firefighter's application in closed session subsequent to an evidentiary hearing in open session. The clear language of 5 Ill. Comp. Stat. 120/1 was that while it was the public policy of Illinois that public bodies such as the board conduct open hearings, it was allowed to hold a closed meeting to consider evidence or testimony presented in an open hearing. The firefighter's application for disability benefits was considered in an open hearing where evidence was presented. Once that hearing was concluded, the board exercised its right, which was conferred upon it under 5 Ill. Comp. Stat. 120/2(c)(4), to consider the evidence it had just heard in closed session. Calibraro v. Bd. of Trs. , 367 Ill. App. 3d 259, 259 (Ill. App. Ct. 1st Dist. 2006)

Carolyn Welch Clifford's Legal Cases (5)

Carrillo v. Park Ridge Firefighters' Pension Fund, 2014 IL App (1st) 130656

Lindemulder v. Bd. of Trs. of the Naperville Firefighters' Pension Fund, 408 Ill. App. 3d 494

Williams v. Bd. of Trs. of the Morton Grove Firefighters' Pension Fund, 398 Ill. App. 3d 680 (1st Dist. 2010)

Hammond v. Firefighters Pension Fund , 369 Ill. App. 3d 294 (Ill. App. Ct. 2d Dist. 2006)

Calibraro v. Bd. of Trs. , 367 Ill. App. 3d 259 (Ill. App. Ct. 1st Dist. 2006)