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Appellate Court Reverses CFD Board’s Pension Decision

Posted by Daniel Herbert Employee Discrimination

Plaintiff worked as a paramedic for Chicago Fire Department, and alleged that she suffered emotional and mental health issues after having responded to calls involving injured and deceased firefighters.Retirement Board found that Plaintiff was not disabled and found that any alleged disability did not result from an act of duty but was due to a preexisting mental health condition and circumstances in her personal life. Court vacated Boards’s decision and remanded with directions to Board to specifically address whether Plaintiff was disabled from performing any assigned duty. Board failed to do so, and unanimously voted again to deny application, and court affirmed Board’s decision. Board’s determination that Plaintiff did not have PTSD, and that her condition did not result from an act of duty, were against the manifest weight of the evidence. (HALL and LAMPKIN, concurring.) Siwinski v. The Retirement Board of the Firemen’s Annuity and Benefit Fund of the City of Chicago, 2019 IL App (1st) 180388 (February 1, 2019) Cook Co., 5th Div, (HOFFMAN) Reversed and remanded with directions.

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